Arson by Molotov Cocktail

[tbonez65]

My question involves criminal law for the state of: California

Hey there,

I am a college freshman and one friday night, two of my friends and I were bored and had nothing to do. One of my friends said how we should throw a molotov, since he had done it before. Not a bright idea. We made one pretty easily, we went to a large empty parking lot and threw it in the middle. We watched it burn and that was that.

Some cops doing patrol saw the fire and swung by to see what was going on. We didn't get in trouble, they were really nice and we explained how ya, it was dumb, but there was no ill-will or pre-meditation behind our actions. Nothing was harmed, not property or plants destroyed. Police guys said we were stupid, don't do it again, but specifically said, "We aren't going to charge you with a felony. We could, but we won't." We were honest about the events of that night so they know everything. They took my fingerprints incase something happened again in the future.

It is three months later now, and I thought it was in my past. My family got a letter saying the DA had filed a complaint against me and my friends, we are asked to appear in court soon.

-What does this mean, a complaint?
-Is it wrong for the police officers to have said we weren't being charged, but now I am?
-Is this a felony charge? What are the repercussions?
-Anything I should do?

Also, I was charged for HS 41800 http://www.tuolumnefiresafe.org/fire...onburning3.pdf

[PTPD22]

-What does this mean, a complaint?

It means that the DA has filed formal charges against you.

-Is it wrong for the police officers to have said we weren't being charged, but now I am?

Actually, from your post, the police officers said that they were not going to charge you with a felony. They did not say they were not going to forward any charges at all. Rather than arrest you for a quite serious offense, it sounds like they forwarded a report to the DA for consideration of lesser charges. After such consideration, the DA decided to charge you and your friends with a lesser charge. That may sound like splitting hairs, but the officers actually gave you quite a break.

12303 Any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, except as provided by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the county jail for a term not to exceed one year, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000) or by both such fine and imprisonment.

A molotov cocktail is a destructive device, defined here:

12301.(a) The term "destructive device," as used in this chapter, shall include any of the following weapons...
(5) Any breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.

-Is this a felony charge? What are the repercussions?

No, you are being charged with illegal burning, a misdemeanor.

-Anything I should do?

It would be a good idea to consult a criminal defense attorney. It is likely (presuming you have a previously clean record) that an attorney can settle this for a fine and probably some probation time.

[aardvarc]

And keep in mind that even if police didn't charge as a felony, that the DA could have still decided to do so. You got lucky. Stop doing stupid things with your friends. If you're not able to resist, get new friends before they come up with something that could put you in a state penitentiary.