Arson Lawyer in Mesa, AZ

The first opinion about how a Mesa fire started usually comes from the fire department. Mesa Fire and Medical's Fire Prevention team, which works under the direction of the Fire Marshal, lists fire investigations among the areas it oversees. The city's job descriptions show who does that work: some fire inspector positions are trained and assigned to origin and cause investigations, respond to fire scenes on a stand-by or call-out basis, and put those calls ahead of their inspection duties. People in those roles must earn a Fire Investigation Technician certification from the IAAI, the arson investigators' professional association.

The Assistant Fire Marshals who supervise them determine origins and causes, collect and preserve evidence, and present it in court. Their job description also has them advise firefighters and command on preserving evidence during salvage and overhaul, gather investigative information from law enforcement agencies, and train police officers, among others. The inspector trainee description adds that these positions may assist the Police Department with arson related investigations. So the person asking questions at the scene can be gathering evidence for a criminal case, not only completing a fire report.

Debris can be tested close to home. Mesa's Forensic Services laboratory, which holds ANAB accreditation under ISO/IEC 17025, has a Controlled Substance and Fire Debris unit whose trained members analyze fire debris for the presence of accelerants in arson investigations. A positive result speaks to what was in a sample. It does not by itself show who started the fire, whether anyone did so knowingly, or whether a fuel had an ordinary reason to be there, such as a gas can in a garage.

Arizona's arson statute is built on two knowing acts. Section 13-1703 requires proof that the person, by knowingly causing a fire or explosion, knowingly and unlawfully inflicted damage on a structure or property. Arson of a structure is a class 4 felony at any value. Arson of property is graded by value: more than $1,000 is a class 4 felony, more than $100 up to $1,000 is a class 5 felony, and a value of $100 or less makes it a class 1 misdemeanor. Two related offenses, reckless burning and arson of an occupied structure, sit in other statutes, and the statewide arson page explains them.

That grading decides the courthouse. A misdemeanor fire charge from inside Mesa generally goes to the City Prosecutor, whose office handles misdemeanors committed within city limits, and to Mesa Municipal Court on 1st Avenue. Felony arson belongs to the Maricopa County Attorney's Office, the office the City Prosecutor's page names for felonies occurring in Mesa, and is heard in Superior Court downtown. After a felony fire arrest, the Mesa Police holding facility hands the person off to the Sheriff's ITR building in Phoenix; the Rule 4.1 deadline for seeing a judge there is 24 hours from arrest.

Prosecutors may add a dangerousness allegation to a felony fire charge. If it is proven, § 13-704 requires a prison sentence and rules out probation, which is why we look at the evidence behind that allegation from the start.

Paper piles up after a fire. Mesa Fire and Medical's records page says its basic fire report is frequently used to document insurance claims, while fire investigation reports, investigation photos and 911 recordings require a signed full incident record request sent by mail. The page does not say how those records are handled while a criminal case is open. An insurer, the fire department and the police can each end up with your words, which is why statements deserve a plan.

Avoiding jail is not the same as avoiding a conviction. A felony arson conviction makes a person a prohibited possessor of firearms under A.R.S. § 13-3101 until the right is restored, and it can surface in background checks for jobs, housing and professional licenses. Under § 13-603(C), a conviction carries an order to repay the economic loss in full as the court determines it, which after a fire can be a very large number. The criminal case and any insurance claim on the same fire can affect each other, and a noncitizen should get immigration advice before any plea.