Arson Defense

Under A.R.S. § 13-1703, the state must prove that you:

• Knowingly caused a fire or explosion, and
• By doing so, knowingly and unlawfully damaged a structure or property.

"Knowingly" means you were aware or believed that your conduct was of that nature or that the circumstance existed. It does not require that you knew the act was against the law. It is a different mental state from "recklessly," which means being aware of and consciously disregarding a substantial and unjustifiable risk (A.R.S. § 13-105). An accidental fire is not a knowing one.

The definitions in A.R.S. § 13-1701 do a lot of work in these cases:

• Structure means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage.
• Property means anything other than a structure that has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership.
• Damage means any physical or visual impairment of any surface.
• Occupied structure means a structure in which one or more people either are, or are likely to be, present or so near as to be in equivalent danger at the time the fire or explosion occurs. The term includes any dwelling house, whether occupied, unoccupied or vacant.

Arson of an occupied structure (A.R.S. § 13-1704) has the same core elements: knowingly causing a fire or explosion that knowingly and unlawfully damages the structure. The difference is that the structure is an occupied structure as defined above. It is a class 2 felony, and Arizona lists it as a "serious offense" in A.R.S. § 13-706. Because the definition includes any dwelling house, even a vacant one, a fire at a home can be charged this way when no one was inside.

Reckless burning (A.R.S. § 13-1702) covers recklessly causing a fire or explosion that damages an occupied structure, a structure, wildland or property. It is a class 1 misdemeanor. Whether the state can prove "knowingly" rather than "recklessly" can decide whether a case is a felony or a misdemeanor.

For a first felony offense that is not dangerous, A.R.S. § 13-702(D) sets these prison ranges:

Dangerous allegations. An arson charge can be alleged as a dangerous offense. Under § 13-105, a dangerous offense is one involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury on another person. A dangerous instrument is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. For a first dangerous offense, A.R.S. § 13-704(A) sets these ranges:

A person sentenced under § 13-704 is not eligible for suspension of sentence, probation, pardon or release from confinement, except as the statute specifically allows (§ 13-704(G)).

Prior felony convictions raise the non-dangerous ranges under A.R.S. § 13-703. For a non-dangerous offense, if you are eligible for probation, A.R.S. § 13-901 allows the court to suspend the sentence and place you on probation.

Misdemeanor arson. Arson of property worth $100 or less is a class 1 misdemeanor. That carries up to six months in jail (A.R.S. § 13-707) and a fine of up to $2,500 (A.R.S. § 13-802). Surcharges and assessments are added on top of any fine. See our misdemeanor defense page.

For a felony, the court can impose a fine of up to $150,000 (A.R.S. § 13-801), plus surcharges and assessments.

Cause and origin of the fire. Fires start for many reasons, including wiring, appliances, heating equipment, cooking, smoking materials, vehicles and weather. The state has to prove that you knowingly caused this fire. We examine the investigator's methods, photographs, samples, lab results and what was ruled out, and when it fits the case we work with an independent fire investigator.

Knowing, not accidental. Section 13-1703 requires that you knowingly caused the fire and knowingly damaged the structure or property. Evidence of an accident, a fire that spread in a way no one expected, or confusion about what happened goes directly to that element.

Who started it. The state must prove that you, and not someone else, set the fire. We look at video, phone location data, purchase records and witness accounts. Being nearby, or having a reason to be blamed such as a dispute or an insurance policy, does not prove that you started a fire.

Whether the structure was "occupied." Outside of a dwelling house, the occupied structure definition depends on whether people were present, likely to be present, or so near as to be in equivalent danger when the fire occurred. Business hours, the time of day, the layout of the property and the distance to neighbors can all matter.

Structure, property and value. Whether something is a "structure" depends on whether it has sides and a floor and how it is used. For property, the class depends on value. We look closely at how the state classified what burned and how it measured value, because both can change the level of the charge.

Statements and the investigation. Fire investigators, police and insurance adjusters may all ask you questions. We review how statements were obtained and how evidence was collected and preserved, and we challenge evidence that was gathered improperly.