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Wildfire Tips and Arson Laws
Published November 18, 2019

Wildfire Tips and Arson Laws

Wildfire Tips and Arson Laws

Fall has arrived in California and it has brought warm, dry, and windy weather with it. This can only lead to one thing, wildfires. Californians are pretty well acquainted with the dangers of wildfires. As such, most people are aware of how important it is for them to prevent the blazes from happening in the first place.

As utility companies such as Southern California Edison and Pacific Gas & Electric do everything they can to prevent causing yet another wildfire in California, it is important for everyone to follow suit. No one wants to be responsible for starting a major wildfire. Doing so could have a lot of hefty consequences.

Wildfire Prevention Tips

There are plenty of things homeowners can do around their home to help prevent a wildfire from starting on their property. Here are some tips on how to do just that:

  • Clear leaves and dead vegetation from the yard. This reduces the amount of dry kindling in the area.
  • Prune trees so that the lowest branches are 6 to 10 feet off the ground. This makes it harder for ground fires to spread to tree tops.
  • Put metal screens no larger than 1/8 inch over openings under porches, eaves, and into vents. This can prevent combustible materials from gathering there and prevent embers from landing there.
  • Keep flammable materials such as piles of firewood and propane tanks, at least 30 feet away from your home, garage, and sheds.
  • Maintain lawns to keep them green and less flammable. Mow lawns in the morning before the weather gets too hot and windy. Dispose of lawn clippings and other yard trimmings quickly to prevent them from piling up in the yard.
  • Try to make sure neighbors follow these tips as well to prevent fires from starting near your house. If their yard become especially prone to wildfires, contact local fire officials to alert them to the problem.

Another good rule of thumb is to just be aware of what actions can start wildfires. For instance:

  • Burning trash in a person’s back yard.
  • Leaving a campsite unattended without completely dousing the campfire.
  • Mowing the lawn can cause fires if a rock is struck by the blades, creating a spark.
  • Playing with fire, especially on windy days, can easily get out of hand.
  • Setting off fireworks in a bad area.
  • Throwing a cigarette on the ground can ignite nearby brush.

Even if unintentional, a person can get into serious trouble, for starting a wildfire here in California.

Penalties for Starting a Fire

The state of California has two arson laws. One applies when a person purposefully starts a fire. The other applies when a person accidentally starts a fire.

California Penal Code (PC) 451 makes it a crime for a person to willfully and maliciously set fire to any structure, forest land, or property. This law is a felony offense, meaning a person guilty of this will face harsh consequences. The exact severity of the consequences depend on what type of property was burned and if anyone was injured by the blaze. Depending on those facts, a person can face a state prison sentence from 16 months to 9 years.

PC 452 makes it a crime for any person to recklessly set fire to any structure, forest land, or property. Unlike PC 451, this offense is typically a misdemeanor, but can be charged as a felony if forest land is burned or someone is injured. If a person is guilty of breaking this law by burning down personal property, they face:

  • A max jail stay of 6 months.
  • A fine of no more than $1,000.

Accidentally burning structures, forest land, inhabited property, or causing great bodily injury can get a person locked up for as short as 16 months in county jail, or up to 6 years in state prison. This all depends on if the offense is charged as a misdemeanor or a felony, and what exactly happened.

Be Careful with Fire

Wildfires are a very serious threat here in California. Everyone knows this. That is why it is important for everyone to do their part in preventing wildfires from happening. Luckily, it is pretty easy to not start a wildfire. All a person has to do is be careful.

For a more comprehensive list of what do to during a wildfire, and what to include in an emergency kit, check out ready.gov. This is the US government’s official website dedicated to helping people prepare for all kinds of natural disasters and emergencies. This site provides all sorts of useful information that every prepared family should know.

What do you think of being prepared for wildfires? Do you have any extra tips to add on to this list? If so, post them in the comments below and help other people be prepared. Also, what do you think of California having 2 different arson laws? Share your thoughts down below.

California Car Theft Laws
Published November 4, 2019

California Car Theft Laws

California Car Theft Laws

Cars are very expensive, but very useful to have. Owning a vehicle allows a person to go to work, run errands, and perform all sorts of other activities on their own schedule. They don’t have to rely on busses and other people to drive them around. It is very freeing to own a vehicle.

However, cars are not a cheap investment. They cost several thousands of dollars, which is why car owners try their best to take care of their investments. Unfortunately, there are people out there who would rather take someone else’s car than buy one themselves. Depending on how they take the car, they could get into all sorts of trouble.

Different State Laws

Here in the state of California, there are all sorts of laws regarding car theft. The laws vary on how the car was stolen, and the intent behind the theft. Some of the big car theft laws include: grand theft auto, carjacking, and joyriding.

Grand theft auto is illegal in California under Penal Code (PC) 487 which is the state’s grand theft law. Grand theft auto is a sub-category of grand theft. PC 487 defines grand theft auto as the act of taking a car valued at over $950 from someone else without their permission and with the intent of depriving the owner of the vehicle, or scraping and selling the vehicle. If a person does this, then they are guilty of grand theft auto.

Carjacking is similar to grand theft, however it is its own unique crime. Under PC 215, carjacking is defined as forcefully taking a vehicle from the owner’s immediate presence. Basically, this means taking the car from a person as they are driving it, or getting into it. The person often uses force or fear to get the vehicle in these instances, making the crime more violent.

Joyriding is its own crime as well here in California. Vehicle Code (VC) 10851 defines joyriding as taking someone else’s car without their permission regardless if they intended to simply borrow the car, or keep it for themselves.

Consequences of Car Theft

Depending on how a person stole the vehicle, determines which law they broke and therefor what consequences they face.

If a person breaks PC 487, they will likely face felony charges. While the crime is a wobbler here in California, which means it could be charged as a misdemeanor or felony, the crime is typically charged as a felony. The penalties of felony grand theft auto are:

  • 16 months, 2 years, or 3 years in jail.
  • A max fine of $10,000.

Since carjacking includes taking a vehicle through force or fear, it is considered a violent crime. This means that PC 215 comes with felony charges. The penalties for breaking this law include:

  • 3, 5, or 9 years in state prison.
  • A max fine of $10,000.

A person faces these punishments for each victim that was in the car at the time of the carjacking. In addition, there are other enhancements that can increase the penalties, such as whether or not one of the victims suffered great bodily injury or if the accused is a gang member.

Joyriding under VC 10851 is a wobbler offense. This means it can either be charged as a misdemeanor or as a felony. As a misdemeanor, the crime comes with the following consequences:

  • Up to 1 year in county jail.
  • A max fine of $5,000.

As a felony, a person faces the same max fine, but an increased jail stay of one of the following lengths:

  • 16 months.
  • 2 years.
  • 3 years.

If a person has prior joyriding convictions, or “borrowed” an emergency service vehicle such as a police car, firetruck, or ambulance, then they can face the following charges:

  • A max fine of $10,000.
  • 2, 3, or 4 years in county jail.

Don’t Steal Cars in California

Cars are a pretty big deal to a lot of people, and as such, a person shouldn’t take them without permission. Stealing a car can get a person into a whole lot of trouble, especially if they do so in a violent manner. Depending on how a person stole a vehicle, what vehicle they took, and whether or not they have any priors, a person can very quickly find themselves in a heap of trouble.

What do you think of the state’s various car theft laws? Were you surprised there were so many variations? What about the consequences for each crime, are they reasonable, or do they some need adjusting? Let us know what you think in the comments down below.

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