California Criminal Defense Blog

Generally speaking, reports of property damage and bodily injury skyrocket following the fourth of July. Illegal fireworks are typically to blame. This year seems no different.

For example, The Orange County Register alone reported three local injuries from separate incidents: a 15-year-old suffered hand trauma when an illegal firework exploded in his hand, an 11-year-old boy suffered an eye injury when an illegal firework ricocheted from the ground and struck him in the eye, and a 37-year-old man was treated for second-degree burns and avulsions after an illegal firework landed on his foot.

California’s fireworks laws are strict and violations subject you to incarceration and fines. And if you are also accused of causing property damage and/or bodily injury, you will likely face civil charges as well. If you were arrested for engaging in any activity that involved possessing, using or selling illegal fireworks, you should immediately contact a California criminal defense attorney who will help fight your charge(s).

California’s fireworks laws permit the general public to purchase “safe and sane” fireworks between 12pm on June 28th and 12pm on July 6th for use in their fourth of July celebrations. But before you go out and buy these fireworks…which, by the way, are the only fireworks that the public is allowed legally to possess and/or use…you should check with your local fire department and/or police department.

Some local laws are more restrictive than California’s fireworks laws, which means that if you are caught purchasing even safe and sane fireworks outside the permissible timeframe, you could face criminal charges.

If you purchase or possess illegal fireworks…which includes safe and sane fireworks that are purchased or possessed outside of the allotted times…you face a misdemeanor, punishable by up to one year in a county jail and a maximum $1,000 fine.

So play it safe and confirm your city’s local regulations before subjecting yourself to a possible jail sentence.

Have a safe and happy holiday!

In an effort to reduce the many injuries and substantial property damage that always accompany fireworks celebrations in connection with the fourth of July, the Los Angeles Fire Department is making a plea to leave fireworks displays to the professionals. The Department states that despite the fact that this state has strict rules and regulations about who may possess and/or use fireworks, many people often violate California’s fireworks laws which leads to innocent people suffering third degree burns, permanent scarring, blindness and even death as well as life-threatening home and motor vehicle fires.

The Department is warning that even “safe and sane” fireworks, sparklers, small firecrackers and rockets are dangerous and can lead to disastrous results…and this is the case even if you purchase and/or possess fireworks in compliance with California’s fireworks laws. Department officials are urging the public to attend professional fireworks shows as the safest way to enjoy the holiday.

Last week, illegal fireworks sparked two wildfires that destroyed more than a quarter-acre of grassland in Santa Cruz. Fortunately, there were no injuries or structures damaged in the fires. Illegal, spent fireworks were found near the scene. If found, the person(s) responsible for possessing and/or igniting the fireworks would face criminal charges for violating California’s fireworks laws.

California’s fireworks laws specifically ban possession or use of fireworks outside of very strict guidelines. These guidelines prevent unlicensed individuals from ever using dangerous fireworks and “lay people” from using anything other than “safe and sane” fireworks, which are only permitted to be used during the days immediately surrounding the fourth of July.

Given the circumstances of these firework-related fires, it would be likely that a culprit would not only be prosecuted under California’s fireworks laws but under California’s reckless burning and/or arson laws as well.

If you plan on buying fireworks for your upcoming fourth of July backyard celebration, here’s what you need to know. First and foremost, most fireworks are illegal in California. The exception is what are known as “safe and sane” fireworks.

“Safe and sane” fireworks must display a “State of California, State Fire Marshall Registered Fireworks” seal. If they don’t, they’re illegal. They may also only be purchased at a “fixed place of business” and only between the hours of 12pm on June 28th to 12pm on July 6th…and that’s if local law doesn’t impose a tighter restriction. The exceptions to this rule are party poppers and snap caps which may be purchased all year long.

So if you’re planning on buying fireworks…but don’t want to be arrested for possessing illegal fireworks in California…make sure you only buy

1. safe and sane fireworks,
2. from licensed retailers,
3. during the approved timeframe.

And if you are arrested for purchasing or possessing illegal California fireworks, be sure to contact a California criminal defense attorney to avoid the fines and/or jail/prison time that may be imposed in connection with a conviction.

Last week, police discovered about $500,000 worth of illegal fireworks stockpiled in a La Puente home in Southern California. According to the Los Angeles County Fire Department, an accident could have ignited a fire that could have quickly destroyed neighboring houses.

California’s fireworks laws limit “legal” fireworks to “safe and sane” fireworks. Possession of any other fireworks could potentially trigger felony charges. And even “safe and sane” fireworks are prohibited in certain cities throughout the state.

Local laws are often much more restrictive than California’s fireworks laws in terms of when and where fireworks may be purchased, sold, and used. In order to make sure you comply, it is advisable to contact your neighborhood fire department for your local regulations.