What is the penalty for possession or sale of illegal fireworks in California? Can arson be charged?

Several counties in California take illegal fireworks very seriously. The reason is simple; their relative locations are prone to catch fire and easily able to become widespread. Factors such as dry flammable vegation and trees, close proximity of homes, and windy conditions. Each year in California there are several fires in the forest areas that cause lots of damages.

Possession or sale of illegal fireworks is usually charged as a Misdemeanor with a fine of $500-$1,000, and possible jail time for up to a year. If in the act of exploding the fireworks anything catches on fire, there can also be an additional charge of Arson (which is considered as willful intent to set something on fire). Arson can be charged as inbetween 1st to 3rd degree depending on what catches on fire. 1st degree is typically homes & buildings while 3rd degree can be objects and smaller pieces of property (i.e. an old computer blown up by an M1000). Furthermore, if anyone is injured or killed as a result of setting off illegal fireworks, you can possibly serve a mandatory sentence of 10 years in pirson.

If you are caught selling, setting off, or possessing a substantial amount of fireworks, you can look forward to a felony charge, a heftier fine, and perhaps mandatory jail time. Some examples of illegal fireworks include: : Cherry Bombs, M-80’s, M-100’s, Firecrackers, Bottle Rockets, Roman Candles, Aerial Shells and Mortars.

In the event you recieve a felony plus additional charges for illegal fireworks, consult with a Criminal Defense Attorney as they may be able to help you avoid jail time and possibly have the fines reduced.

If you aren't sure whether fireworks are legal in your particular city or not, here is a list of Cities and Counties in California that permit State Approved Fireworks (updated 5/29/09). If your city is not on the list, no fireworks whatsoever would be legal.