In Arizona, most types of arson are a felony and can lend to stiff fines, jail or prison time, and a permanent criminal record. Arizona laws classify arson charges based on the type of structure involved, its value, and whether it was occupied. However, they all include severe penalties. If a person suffers injury during the commission of arson, penalties can increase significantly. Any arson charge demands representation by skilled Arizona arson lawyers to ensure your rights are protected.
Arson Defined
Any malicious and willful act of setting fire to any structure, protected lands or property, including cars, boats, and other items, is an act of arson. As a result, if you deliberately set a fire or cause an explosion, you will likely face a felony charge in Arizona. This can be true whether the structure or property belongs to someone else or owned by you with the intent to collect insurance money.
Arson Investigation
After any fire or explosion, trained arson investigators thoroughly examine the burn scene to locate the point of origin, assess damage, and look for evidence of cause, including arson. They may also do further research to establish motive and intent when the cause is arson. This investigation can take months or even years before even filing charges. Arson charges hinge on whether the fire was intentional or accidental. You can still get an arson charge for accidental fires, depending on the severity of the damage.
Types of Arson
Arizona, like many states, recognize differing degrees of arson, based on various factors. Therefore, the more serious the fire, property damage, and personal injuries or deaths, the more severe the punishment. The different types of arson and applicable charges can include:
- Arson of Structure is unlawfully damaging property or a structure by knowingly causing a fire or explosion. Potential charges are a class 4 felony for arson of a structure or property valued at more than $1,000, class 5 felony for arson of a structure or property worth between $101-$999, or class 1 misdemeanor for arson of property valued at $100 or less.
- Arson of an Occupied Structure is a class 2 felony for unlawfully damaging a structure occupied by a person(s) by knowingly causing a fire or explosion.
- Burning of Wildlands involve fires set or caused to be set on any wildlands not belonging to you. Potential charges include a class 1 misdemeanor for fire resulting from reckless behavior; class 2 misdemeanor for fires resulting from criminal negligence; class 6 felony for fires resulting from intentional behavior when you knew or should have known such conduct was prohibited by bans, restrictions, or other regulations pertaining to fires during periods of extreme fire hazard; or class 3 felony for fires resulting from intentional behavior that put a person(s) or structure(s) in danger.
- Reckless Burning is less serious than arson. However, it still requires assistance from skilled Arizona arson lawyers. Unlike arson, reckless burning is not classified as an intentional or malicious act, so the potential charge is a class 1 misdemeanor.
Arizona statutes also deal with Arson of an Occupied Jail or Prison Facility, Unlawful Cross Burning and Unlawful Symbol Burning.
Potential Punishment
Arson-related charges include punishments based on your specific charges and severity of the fire. These can include:
- Class 2 Misdemeanor: Up to 4 months in prison, 2 years of probation and $750 in fines.
- A Class 1 Misdemeanor: Up to 6 months in prison, 3 years of probation and $2,500 in fines.
- Class 6 Felony: Minimum prison term of 4 months (for intentional wildland fires that put people/structures in danger).
- Class 5 Felony: Minimum prison term of 6 months
- A Class 4 Felony: Minimum prison term of 1 year
- Class 3 Felony: Minimum prison term of 2 years
- Lastly, a Class 2 Felony: Minimum prison term of 3 years
Hire Top Arizona Arson Lawyers
The best defense is to hire an experienced criminal defense lawyer. Often house fires start due an an accident, and a criminal lawyer can argue you didn’t have the requisite intent to support an arson charge. If you are facing an arson or reckless burning charge, turn to the experienced Arizona arson lawyers at Lerner & Rowe Law Group. We can assist you with any misdemeanor or felony arson charges. We offer a free initial consultation and affordable payment plans. Visit our office from 8 AM to 5 PM, use our online LiveChat, or call us 24/7 at 602-667-7777.