What is first degree arson?
In California, arson is not separated into degrees. Rather, arson is punished by way of a felony or misdemeanor charge. Felony arson is the willful or malicious burning of a structure, forest, land or property. Misdemeanor arson is the reckless burning of a structure, forest, land or property. However, even the reckless burning of a structure, forest, land or property can be charged as a felony if someone was injured, there was extensive damage, etc. Thus, an arson that was started recklessly can be charged either as a felony or as a misdemeanor. This type of offense is called a “wobbler.” If a person was intentionally killed during a fire, and it can be proven that the fire was set after the defendant premeditated and deliberated about the act, then the defendant can be charged with first-degree murder. Homicide charges, unlike arson, in the state of California are separated into degrees.
