Fireworks Accident Can Lead to Arson Charges
Fullerton, Orange County - The Fourth of July holiday weekend is upon us and amid the barbeques and parties throughout Orange County many people plan to have their own fireworks display. Yet before you light off fireworks it's important to remember not only possessing and lighting off illegal fireworks can get you into serious trouble, but if the fireworks cause a fire you could be charged with arson.
Fullerton criminal defense attorney Michael L. Guisti explains the California Supreme Court recently ruled juveniles who accidentally started a fire caused by fireworks can be charged with arson. Guisti explains in this case two teenage boys accidentally set a Pasadena hillside on fire burning five acres when they lit off a "cherry bomb," however the defense lawyers for the two teenage boys argued they made a point when lighting off fireworks to stay away from hillsides and other places that can easily catch fire and that they had no intention of setting anything on fire.
The state's high court basically ruled, according to attorney Guisti, the teenagers knew the risk of starting a fire was there when they lit the fireworks and the resulting brush fire was not an accidental or unintentional ignition, which resulted in the two teenage boys being charged with the much more serious charge of Penal Code (PC) 451 willful or malicious arson, which is a felony.
Orange County arson lawyer Guisti explains they're two types of arson charges, PC 451 willful or malicious arson, which is typical charged as a felony, and PC 452 reckless burning, which PC 452 is a "wobbler" and can be charged either as a misdemeanor or felony.
Essentially, attorney Guisti says, despite any evidence showing every precautionary measure taken before you lit the fireworks the courts believe you're well aware of the inherent dangers of setting off fireworks and thus if your fireworks accidentally set something on fire the courts hold that you can be charged with arson.
Guisti goes on to say that if you or somebody you know are facing some kind of arson charge you need to get a professional Orange County criminal defense lawyer right away, because if convicted of arson you face several years behind bars at a California state prison and thousands of dollars in fines.
Orange County criminal defense Attorney Guisti says if there is a situation where your firework sparks a brush fire and at least five structures burn and/or the cost of damage and fighting the fire cost in excess of $5,650,000 you could face aggravated arson charges, which if convicted could result in more time in prison.
Whether or not a firework results in a large fire or small fire, aside from facing an arson charge, you could be stuck with the bill it cost the fire department, police and other emergency agencies to put out the fire, according to Guisti. Guisti says if it becomes a large brush fire where emergency officials need to bring in helicopters, water-dropping airplanes and hundreds of firefighters the bill to fight the fire can easily run into the millions of dollars that you'll likely be responsible for paying.
Guisti simply says when if you plan to set off fireworks just make sure they're legal fireworks and you're well away from anything that can quickly catch fire, and you shouldn't have any problem.
If you or somebody you know are facing arson charges or any kind of criminal charge call the Orange County Law Offices of Michael L. Guisti right now at 888-478-8999 and set up an appointment so we can assure justice is served for you.



