Arson Bail Bonds — PC 451 & 452

California splits fire cases into two statutes. Penal Code § 451 is arson — wilfully and maliciously setting fire to or burning a structure, forest land or property. Penal Code § 452 is unlawfully causing a fire, which covers reckless rather than wilful conduct. The gap between them is large, and so is the gap in bail.

What decides the tier

Arson of an inhabited structure is a serious felony, which makes it a strike — one documented strike prior takes bail to $100,000 and two to $200,000.

Why these cases behave differently from other property charges

• Investigation is slow and technical. Cause-and-origin work takes time, and charges can change materially between booking and filing.
• Injury changes the tier entirely, including to firefighters responding.
• Recklessness versus wilfulness is the whole case, and it is exactly the kind of question that is argued rather than obvious.
• Restitution can be very large, and follows separately from bail and from any fine.

How the bail figure is built

Where a felony section has no individual entry in the Orange County schedule, the county prices it from the state prison top term using its guideline table — $20,000 at three years, through $55,000 at ten, $100,000 at sixteen, and $1,000,000 for all life-term offences. See the Orange County bail schedule explained.

Strike priors take bail to $100,000 for one and $200,000 for two — see strike priors and bail. In Los Angeles County, serious and violent felonies are excluded from the county’s $0 pre-arraignment release, so money bail applies: LA County bail amount lookup.

What to do first

1. Establish whether it is charged under § 451 or § 452. That is the single most important fact.
2. Ask whether an inhabited structure or injury is alleged.
3. Get a defence lawyer early — the wilful-versus-reckless question is where these cases turn.
4. Check for strike priors and holds — how to check for a warrant.

Questions we get asked most

Is arson always a felony in California?

Penal Code 451 arson is a felony. Penal Code 452, unlawfully causing a fire, covers reckless conduct and is a wobbler in several forms.

What does “inhabited” mean?

Currently used as a dwelling, whether or not anyone was present at the time — the same test used for first degree residential burglary.

Is arson a strike?

Arson of an inhabited structure is a serious felony and therefore a strike, which enhances bail substantially where there are priors.

Why might the charge change after the arrest?

Cause-and-origin investigation is technical and takes time, so the charge at booking is not always the charge eventually filed.

Related resources

All bail services · Felony bail · Strike priors and bail · Can bail be denied? · Bail reduction hearings · Orange County bail schedule