Orange County Criminal Lawyer Blog

Los Angeles - Los Angeles Police arrested the man they believe was responsible for setting dozens of fires in the Hollywood area over New Years' weekend.

Harry Burkhart, 24, was booked on arson charges on Monday. He is a German national who has lived in America for several years, and, according to authorities, was apparently upset over his mother's pending deportation back to Germany where she is facing unspecified criminal charges.

Beginning Friday morning several fires were set in carports and apartments around Hollywood, along with a handful of similar fires set in the San Fernando Valley, and authorities say not since the 1992 L.A. riots has there been such a massive arson spree.

It was a Los Angeles County Sheriff's reserve deputy who spotted somebody who fit the suspect description at Sunset and Fairfax in Hollywood that led to the suspect's arrest, according to police.

It's quite possible the suspect could face harsher "aggravated" arson charges, explains Newport Beach criminal attorney Michael L. Guisti, because the suspect allegedly used devices to accelerate the fire and caused multiple structures to burn.

This is going to be a very high-profile case and the L.A. District Attorney is going to want to throw on every possible charge, says Guisti.

If the prosecution can prove the suspect started the fire with the intent of injuring other people and/or damaging property, or simply had the intent of causing damage, and the suspect had a prior arson conviction within ten years, along with causing damage in excess of $5,650,000, including the cost of fire department services, or the suspect damaged five or more "inhabited structures," explains Guisti, then the suspect could face life in prison.

In California they're two arson charges, Penal Code (PC) 451 "willful or malicious" arson and is a felony, and PC 452 "reckless burning," which can be charged either as a misdemeanor or felony, says Guisti.

Under PC 451 is what this suspect will likely be charged with, and PC 452 is generally reserved for offenses such as, for example, using fireworks in a brushy area that subsequently catches fire, says Guisti.

The main difference between the two, says Guisti, is PC 451 is typically the suspect means to set fire and cause damage, thus being malicious, and PC 452 is when you knowingly do something that greatly runs the risk of catching fire and you knowingly ignore that risk, thus you were being reckless.

With arson cases proving the suspect committed the crime can be very difficult.

Even though there may be circumstantial evidence if there is no direct evidence proving the suspect committed the crime then the jury has reasonable doubt, and if they have reasonable doubt California jury instructions says the jury must acquit, which is why if you or somebody you know are facing arson charges you need a professional lawyer, says Guisti.

If you're found guilty of arson you could face many years and possibly life in prison, have to register as a Convicted California Arson Offender, and possibly have to pay thousands in fines, says Guisti.

If you're being accused of an arson crime this is a very serious charge that could ruin your life, which is why you need to contact the Orange County arson attorney experts at the Law Offices of Michael L. Guisti.

We have over a decade of winning arson related cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is always to win our client's cases, so please call us now so we can work to get your life back on track.