Facing arson charges in San Jose, California, is a serious matter and can turn a defendant’s life upside down overnight. Even if you believe the fire was a mistake or you think you were wrongly accused, you still need to take these charges seriously. A conviction can lead to long prison time, huge fines, and a permanent record that follows you for years, sometimes forever.
It’s easy to feel overwhelmed and unsure of what comes next, but you do not have to face these charges alone. Ahmed & Sukaram, Criminal Defense Attorneys, can help you understand the process, your rights, and the available possible defenses.
For help with your criminal defense, contact us today at (408) 217-8818 to speak with a San Jose arson lawyer.
Why Hire Ahmed & Sukaram, Criminal Defense Attorneys If You’re Arrested for Arson in San Jose, CA?
If you’re facing arson charges in San Jose, CA, you need strong people in your corner. At Ahmed & Sukaram, Criminal Defense Attorneys, representing those accused is our focus and passion. You deserve attorneys who understand what’s at stake and know how to tackle the unique challenges that come with arson cases.
Our San Jose criminal defense lawyers offer:
- 30 years of combined experience handling criminal cases
- Over 50 trials successfully defended
- A track record of more than 3,000 cases won
- A five-star rating on Avvo for outstanding client service
- Recognition from Super Lawyers for legal excellence
- Named among the National Trial Lawyers Top 100
When you work with our team in San Jose, you work with a team that fights for our clients every step of the way. Reach out today to schedule your initial consultation with our San Jose arson attorneys.
Overview of Arson in California
Arson in California is a serious crime involving intentionally setting fire to property, land, or even certain structures.
For a conviction, prosecutors generally have to show:
- You set a fire or were the cause of something burning
- That you acted willfully and with malicious intent.
“Malicious intent” means the act must be deliberate, not an accident, and it must be done either to harm, annoy, or defraud someone. In rare circumstances, you could even be charged for burning your own property. If your intention was to commit insurance fraud, or if someone else was injured as a result of the fire, this could lead to charges.
What Are the Penalties for an Arson Conviction in San Jose, California?
Arson is treated as a felony under California law, meaning it carries serious prison time if you’re convicted. The actual sentence depends on where the fire occurred, what was burned, and whether anyone was hurt or put in danger.
Penalties often depend on the type of offense:
- Arson of Personal Property: Starting a fire that damages someone’s belongings, like clothes or a car, can bring a sentence ranging from 16 months to 3 years in state prison.
- Arson of Structure or Forest Land: If the fire involved a building, bridge, wooded area, or grasslands, penalties can be between 2 and 6 years in prison.
- Arson of an Inhabited Structure: When you burn something that people live in, whether it’s occupied at that moment, the sentence is even higher, between 3 and 8 years.
- Arson Causing Great Bodily Injury: If someone gets seriously hurt from the fire, prison time jumps to between 5 and 9 years.
In some cases, the penalties can be even higher; for example, if you’re charged with aggravated arson, you may face a sentence of 10 years to life in prison. Prosecutors must prove you meant to cause significant damage or injure people, and there has to be another serious factor present.
What Defenses Can Be Raised If I’m Arrested for Arson?
If you’ve been arrested for arson in San Jose, several legal defenses could be available depending on what actually happened. What works best in your case depends on how the fire started and what evidence the prosecutor has.
The Fire Was Accidental
If you started the fire but it was by mistake rather than on purpose, it may not meet the legal standard for arson. Proving there was no willful or malicious intent is a powerful defense.
The Fire Was Not Arson
Sometimes, fires result from problems like faulty wiring, bad weather, a cooking accident, or someone accidentally dropping a cigarette. If outside factors started the fire, not a criminal act, this can challenge arson charges.
No Intent to Defraud
If you’re accused of setting fire for insurance money, the state must show you planned to cheat or make a false claim. Showing there was no such plan or motive can help clear your name in cases of suspected insurance fraud.
There are many other possible defenses your San Jose criminal defense attorney may be able to use, depending on all the facts of your case. Our team can help build a strategy that fits your specific situation.
Being accused of arson doesn’t mean your case is hopeless. The right defense can mean the difference between a severe punishment and a resolution that truly reflects your side of the story. Guidance at this stage protects not only your legal rights but your reputation and your future opportunities.
With legal help from Ahmed & Sukaram, Criminal Defense Attorneys, you can move forward confidently with a team equipped to build a strong defense. We can review the details of your situation, challenge weak or unlawfully obtained evidence, and explain your options moving forward.
Call us today to schedule a confidential case evaluation with a San Jose arson lawyer.