When Southern California temperatures rise, so does concern about fires.
The National Weather Service reported on August 20, 2026 that inland areas of Southern California were experiencing temperatures roughly 5 to 8 degrees above normal, with hotter-than-average conditions expected to continue. In hot, dry conditions, a single fire can quickly become a major investigation.
But determining how a fire started and proving that someone intentionally caused it are two very different things.
If you are suspected of deliberately starting a fire, an Arson Defense Attorney in Orange County, CA can examine the forensic evidence, investigative methods, and allegations of intent before investigators’ initial conclusions become the accepted story.
What Is Arson Under California Law?
California Penal Code Section 451 states that arson occurs when someone willfully and maliciously sets fire to, burns, causes the burning of, or assists in burning property, forest land, or a structure.
That requirement matters.
A structure burning does not automatically mean someone committed arson. Investigators and prosecutors must consider both how the fire started and the accused person’s mental state.
California also separately criminalizes recklessly causing a fire under Penal Code Section 452.
The distinction between an accident, reckless conduct, and a willfully set fire can dramatically affect a criminal case.
Fire Investigations Depend on Forensic Evidence
After a serious fire, investigators may examine the scene for evidence regarding where the fire began and what may have caused it.
That investigation can include burn patterns, electrical systems, appliances, fuel sources, debris, witness statements, surveillance video, and other physical evidence.
Simmons & Wagner explains that its defense approach includes reviewing fire investigation reports, police records, eyewitness accounts, and forensic findings while working with fire science specialists when necessary.
The prosecution’s interpretation of the scene is not the only possible interpretation.
Could There Be Another Explanation?
Fires can have many potential causes.
Faulty electrical wiring, malfunctioning equipment, overheated machinery, cooking incidents, improperly discarded materials, natural conditions, or other accidental ignition sources can become relevant depending on the circumstances.
This becomes particularly important during periods of extreme heat and dry weather, when investigators may be dealing with numerous fires and heightened concern about wildfire danger.
A defense investigation may therefore ask a fundamental question: Was this actually an intentionally set fire?
Simmons & Wagner specifically identifies faulty wiring and other alternative causes as factors that may need to be investigated when challenging an arson allegation.
Prosecutors Still Have to Prove Intent
Even if investigators believe a person was near the origin of a fire, presence alone does not establish malicious intent.
Defense attorneys may examine witness credibility, surveillance footage, phone records, location information, statements made to investigators, possible motives, and the scientific basis for conclusions about the fire’s origin.
They may also challenge assumptions made during the initial investigation or question whether physical evidence was properly collected and preserved.
Arson Penalties Can Be Severe
California’s penalties vary depending on what burned and whether anyone was injured.
Under Penal Code Section 451, arson causing great bodily injury can carry five, seven, or nine years in state prison, while arson involving an inhabited structure can carry three, five, or eight years. Arson involving a structure or forest land can carry two, four, or six years.
Those penalties make early defense preparation especially important.
Do Not Assume the Fire Report Ends the Investigation
A fire investigator’s initial conclusion can carry enormous weight, but forensic findings can still be examined and challenged.
An Arson Defense Attorney in Orange County, CA can review how investigators reached their conclusions, consult independent experts, challenge allegations of intent, and explore alternative explanations for how the fire began.
Simmons & Wagner represents clients facing serious felony allegations throughout Orange County and works with investigators, forensic analysts, and fire science experts when defending arson cases. If you are under investigation after a fire or explosion, contact Simmons & Wagner before making detailed statements about what happened.