Jo-Anna Nieves
Founding Attorney
Oakland Arson Lawyer
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Oakland law enforcement and prosecutors take instances of arson seriously. In addition to causing severe damage to the intended target, fires may get out of control, especially in California. If you find yourself facing charges of arson, you may wish to seek the services of an Oakland arson lawyer.
A dedicated defense attorney with the skill-set and knowledge necessary to explain and fight a charge of arson may be able to help you. If the police accuse you of arson, there may be a dramatic impact on your freedom and your reputation within your community. Fortunately, a dedicated criminal attorney could help to work against charges and explain the law behind allegations of arson.
In Oakland, there is a legal distinction between maliciously and carelessly setting fires. Due to this difference, depending on the facts surrounding the specific case, the government may charge a person who sets a fire with a misdemeanor or a felony.
If someone is accused of willful or malicious arson, they may face a felony if convicted, according to California Penal Code § 451. Generally, malicious arson means intentionally setting fire or causing something to burn with an intention to cause harm. The circumstances of a willful arson charge could impact the potential punishment. It is important to note that a malicious arson is a “strike” offense.
Accusations of recklessly starting a fire to a building, land, or forest could result in both felony or misdemeanor charges, depending on the specific circumstances according to CA Penal Code § 452. Reckless arson involves directly setting fire to something or causing something to burn through careless action.
Generally, a felony conviction of willful arson that injures someone could result in a sentence of up to nine years in prison, whereas a willful burning of inhabited building could result in eight years in prison. Burning a building, forest, or property may result in a prison sentence of up to six years.
For example, if reckless arson injured someone, the court could pursue felony charges and may punish an individual with up to six years in jail, while the reckless burning of a structure or forest could result in felony convictions of up to three years in prison. However, the court may punish the burning of property as a misdemeanor if no one was injured.
Other factors, such as previous arson convictions, may enhance the sentence for both willful and reckless arson offenses, according to CA Penal Code § 451.1 and § 452.1. The court may also enhance a sentence for the following circumstances:
If you are facing charges of arson, consider reaching out to a dedicated Oakland arson lawyer as soon as possible. An attorney could assist you by collecting evidence, helping you communicate with police, and presenting a strong defense in court. Though the penalties for arson may be particularly severe, there are defenses available to you to help fight the charges made against you.
Allow a knowledgeable legal representative with experience working in the local court system help you understand the law, penalties, and procedures that accompany a trial for arson. Though facing legal troubles can be frightening, there are resources available to you. Reach out today to speak with an attorney and begin building your defense.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Deferred Entry of Judgment
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All Charges Dismissed and Property Ordered to be Returned to Client
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Case Dismissed without Trial
Motion to Vacate Granted
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