Tampering with a Fire Alarm; Giving False Alarm, California Penal Code Section 148.4

Pulling a fire alarm, using a fire extinguisher as a prank, or causing others to believe that there is a fire when there is not a fire is no laughing matter. In California, it is a misdemeanor to tamper with a fire alarm or sound a false alarm. By doing so, a person may not only endanger the lives of others but he or she can be held criminally liable and face a fine of up to $1,000 or imprisonment up to one year in jail. Furthermore, if such an act results in great bodily injury or death, then such an act is a felony and punishable by imprisonment in the state prison or a fine of not less than $500 nor more than $10,000, or both. As such, whether charged as a felony or misdemeanor, this is a serious allegation requiring the absolute best defense possible.

California Penal Code section 148.4(a), tampering with a fire alarm or giving false alarm, states in pertinent part that “(a) Any person who does any of the following is guilty of a misdemeanor…

• (1) Willfully and maliciously tampers with, molests, injures, or breaks any fire protection equipment, fire protection installation, fire alarm apparatus, wire, or signal.
• (2) Willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any fire alarm system or signal or by any other means or methods.”

Subsection (b) of California Penal Code section 148.4 provides that “Any person who willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any fire alarm system or signal, or by any other means or methods, is guilty of a felony…if any person sustains as a result thereof, any of the following:

• (1) Great bodily injury.
• (2) Death.”

Accordingly, to be found guilty of tampering with a fire alarm or giving false alarm, California Penal Code section 148.4, the prosecution must prove beyond a reasonable doubt that:

1. The Defendant willfully and maliciously tampered with, molested, injured, or broke any fire protection equipment, fire protection installation, fire alarm apparatus, wire, or signal.

OR

2. The Defendant willfully and maliciously sent, gave, transmitted, or sounded any false alarm of fire, by means of any fire alarm system or signal or by any other means or methods

An allegation of California Penal Code sections 148.4(a) or (b), tampering with a fire alarm or giving false alarm, could result in serious penalties and other consequences, including a felony conviction and the potential for prison if someone, as a result, suffered great bodily injury or died. If you or a family member has been charged with or is being investigated for California Penal Code sections 148.4(a) or (b), tampering with a fire alarm or giving false alarm, or any misdemeanor or felony crime in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of any type of felony and misdemeanor offense.

For more information about all types of crimes and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.