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Arson, the criminal act of deliberately setting fire to property, is a serious offense in the state of Arizona.
According to the National Fire Protection Association (NFPA), there were approximately 16,000 arson incidents in the United States in 2021, causing significant property damage and loss.
Whether you are facing charges for arson of an occupied structure, reckless burning, or another related crime, CHM is here to offer expert legal guidance and a strong defense.
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Arizona Arson Charges
What is Arson in Arizona?
Arson is the act of intentionally setting fire to property, causing damage.
Under Arizona law, arson is a serious criminal offense that can result in severe penalties, depending on the circumstances and the damage caused. The Arizona Revised Statutes (A.R.S.) provide detailed definitions and categorizations for arson offenses.
What are the Types of Arson Charges in Arizona
Arson charges in Arizona can be categorized into several types, each carrying different legal implications:
- Arson of a Structure or Property (A.R.S. § 13-1703): This involves intentionally damaging a structure or property by fire or explosion.
- Arson of an Occupied Structure (A.R.S. § 13-1704): This charge is more severe and applies when the structure set on fire is occupied at the time of the act.
- Reckless Burning (A.R.S. § 13-1702): This charge involves recklessly causing a fire or explosion that endangers property.
- Arson of an Occupied Jail or Prison Facility (A.R.S. § 13-1705): Occurs when a person knowingly causes a fire or explosion resulting in physical damage to the facility.
Potential Penalties for Arson
➀ Arson of a Structure or Property (A.R.S. § 13-1703)
Arson of a structure or property involves intentionally damaging a building or property through fire or explosion. This is classified as a Class 4 felony in Arizona. The potential penalties include:
- Imprisonment: A conviction can result in a prison sentence ranging from 1 to 3.75 years for first-time offenders.
- Fines: The court may impose fines up to $150,000, excluding surcharges.
- Probation: In some cases, the court may opt for probation instead of imprisonment, especially for first-time offenders. Probation may include conditions such as community service, restitution, and mandatory counseling.
➁ Arson of an Occupied Structure (A.R.S. § 13-1704)
This charge applies when an occupied building is intentionally set on fire. It is a Class 2 felony, which carries harsher penalties due to the increased risk to human life. The potential penalties include:
- Imprisonment: A conviction can lead to a prison sentence ranging from 3 to 12.5 years. Aggravating factors, such as prior criminal history or the presence of people in the building at the time of the fire, can increase the severity of the sentence.
- Fines: Significant fines may be imposed, potentially up to $150,000, not including additional surcharges.
- Probation: While less common for serious felonies like this, probation may still be an option in certain circumstances, particularly for first-time offenders or in cases with mitigating factors.
➂ Reckless Burning (A.R.S. § 13-1702)
Reckless burning involves recklessly causing a fire or explosion that endangers property. This offense is considered a Class 1 misdemeanor, carrying lighter penalties compared to felony arson charges. The potential penalties include:
- Imprisonment: A conviction can result in up to 6 months in jail.
- Fines: The court may impose fines up to $2,500, excluding surcharges.
- Probation: Probation is a common outcome for reckless burning charges, often involving conditions like community service, restitution, and participation in fire safety education programs.
➃ Arson of an Occupied Jail or Prison Facility (A.R.S. § 13-1705)
This charge applies when a person knowingly causes a fire or explosion resulting in physical damage to an occupied jail or prison facility. It is classified as a Class 4 felony. The potential penalties include:
- Imprisonment: A conviction can lead to a prison sentence ranging from 1 to 3.75 years.
- Fines: The court may impose fines up to $150,000, excluding additional surcharges.
- Probation: Probation is often a viable option for first-time offenders or cases with mitigating circumstances. Conditions of probation may include community service, restitution, and mandatory counseling.
➄ Aggravating and Mitigating Factors
The exact penalties for arson can vary based on several factors, including:
- Prior Criminal History: Repeat offenders are likely to face harsher penalties.
- Extent of Damage: The severity of the damage caused by the fire can influence the sentence.
- Presence of Aggravating Factors: Factors such as endangering human life, the use of accelerants, or the arson being part of another crime can lead to increased penalties.
- Mitigating Circumstances: Factors such as the defendant’s age, mental health, lack of prior criminal history, or evidence of remorse can lead to reduced penalties.
➅ Restitution
In addition to imprisonment and fines, those convicted of arson may be required to pay restitution to the victims. Restitution is intended to cover the cost of the damage caused by the fire, including repairs, replacement of property, and other related expenses. The court will determine the amount of restitution based on the evidence presented.
| Type of Arson | Classification | Imprisonment | Fines | Probation |
|---|---|---|---|---|
| Arson of a Structure or Property | Class 4 Felony | 1 to 3.75 years | Up to $150,000 | Possible, with conditions |
| Arson of an Occupied Structure | Class 2 Felony | 3 to 12.5 years | Up to $150,000 | Rare, but possible |
| Reckless Burning | Class 1 Misdemeanor | Up to 6 months | Up to $2,500 | Common, with conditions |
| Arson of a Occupied Jail or Prison Facility | Class 4 Felony | 6 months to 2.5 years | Up to $150,000 | Possible, with conditions |
Frequently Asked Questions
⑴ What makes arson a federal crime?
Arson becomes a federal crime when it affects interstate commerce, involves federal property, targets special facilities like places of worship, or uses explosives. Federal jurisdiction is triggered under specific statutes, leading to severe penalties.
⑵ What is the shortest sentence for arson?
The shortest sentence for arson in Arizona is typically for reckless burning, a Class 1 misdemeanor, which can result in up to 6 months in jail.
⑶ What is the longest sentence for arson?
The longest sentence for arson, particularly for arson of an occupied structure, a Class 2 felony, can be up to 12.5 years in prison. Federal arson charges can result in even longer sentences, depending on the circumstances.
⑷ How does prior criminal history affect arson sentencing?
Prior felony convictions can lead to harsher penalties for arson charges. Repeat offenders may face longer prison sentences, higher fines, and less likelihood of probation.
⑸ Can accidental fires lead to arson charges?
Accidental fires generally do not result in arson charges. However, if negligence is involved, charges like reckless burning may apply. Demonstrating the absence of intent is key to reducing or dismissing charges of arson.
⑹ What defenses are available for arson charges?
Common defenses for arson charges include proving the fire was accidental, lack of intent, insufficient evidence, and challenging investigative errors. An experienced criminal defense attorney can help develop a strong defense strategy.
⑺ What constitutes arson of property in Arizona?
Arson of property in Arizona involves knowingly and unlawfully damaging a structure or property by causing a fire or explosion. If the property is a structure, it is classified as a Class 4 felony. Arson of property valued over $1,000 is also a Class 4 felony, while property valued between $100 and $1,000 is a Class 5 felony. If the damaged property is valued at $100 or less, the offense is classified as a Class 1 misdemeanor.
⑻ Why is arson considered a serious crime in Arizona?
Arson is considered a serious crime in Arizona due to the potential for significant property damage, risk to human life, and the threat it poses to public safety.
⑼ What is the role of an arson defense attorney?
An arson defense attorney plays an important role in defending individuals charged with arson. They investigate the case, gather evidence, and develop a defense strategy to challenge the prosecution’s claims. An experienced arson defense attorney can negotiate with prosecutors, represent you in court, and work towards the best possible outcome for your case.
⑽ How does Arizona law define “knowingly causing a fire”?
Under Arizona law, “knowingly causing a fire” means that a person commits arson with awareness and intent to start a fire or cause an explosion that damages property or endangers human life. This intentional act distinguishes arson from accidental or negligent fires.
⑾ What should I expect during an arson investigation?
During an arson investigation, law enforcement will gather evidence, interview witnesses, and analyze the fire scene to determine the cause and origin of the fire. They may also look into the suspect’s motives and prior history.
Contact a Criminal Defense Attorney
If you are facing arson charges in Phoenix or anywhere in Arizona, contact us for a free consultation. We will review your case, discuss your legal options, and outline the best course of action to protect your rights and freedom. Call us at (602) 825-2500 to speak directly with our skilled legal team. Ensure you have a strong defense team by your side with CHM.
David Maletta is a widely respected criminal defense attorney with over 23 years of experience and has worked on over 1,000 cases and has successfully won over 100 jury trials. David graduated from Northern Arizona University, Magna Cum Laude in 1993 with a degree in Psychology. Shortly thereafter, he earned his Juris Doctor degree from Seton Hall University School of Law in 1998. He has extensive experience in criminal and DUI matters, homicide, sexually-based offenses, domestic violence, white-collar crimes, and various misdemeanor crimes.
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