Arizona Arson Laws and Charges

In Arizona, arson is defined as intentionally or recklessly causing a fire or explosion that damages property. To constitute arson, the act must be done knowingly or with reckless disregard for the risk of starting a fire.

Elements include intent or recklessness, actual damage to property, and lack of lawful justification or consent from the property owner. 

This means that setting fire to property, whether privately or publicly owned, without permission falls under Arizona’s arson laws. Arson can range in severity based on what was damaged and if people were present. For example, fires in occupied buildings or high-risk areas like jails carry more serious charges.

Arizona’s arson laws cover several distinct charges, each with specific criteria and penalties. 

Arson of a Structure or Property | ARS 13-1703

According to ARS 13-1703, arson of a structure or property occurs when a person knowingly causes a fire or explosion that damages any structure or item of property. This charge applies to fires set on private or public property, and the penalties can be severe, especially if the damaged property holds significant value or affects public safety. The consequences may increase depending on the damage done and any prior felony convictions.

Arson of an Occupied Structure | ARS 13-1704

Under ARS 13-1704, arson involving an occupied structure is taken very seriously in Arizona because it involves risk to human life. This statute applies when a person knowingly starts a fire or explosion in a building that is occupied. This charge is typically classified as a Class 2 felony, leading to substantial prison sentences due to the immediate danger it poses to people inside the structure.

Arson of an Occupied Jail or Prison Facility | ARS 13-1705

ARS 13-1705 addresses arson specifically in jails or prison facilities. This charge applies to those who cause a fire or explosion in facilities housing inmates, with penalties classified as a Class 4 felony or higher, depending on intent and the extent of damage. 

Arson of a Structure or Property | ARS 13-1703

This charge applies when someone knowingly sets fire to any structure or property, whether public or private. It is classified as a Class 4 felony.

• Prison Time: 1.5 to 3 years
• Fines: Determined based on case specifics, including the value and extent of damage
• Repeat Offenders: Sentences may be increased if the defendant has prior felony convictions or if the fire caused extensive damage.

Arson of an Occupied Structure | ARS 13-1704

Arson involving an occupied building is a Class 2 felony due to the direct risk to human life.

• Prison Time: 7 to 21 years
• Fines: Case-dependent, often based on the circumstances and extent of harm
• Repeat Offenders: Enhanced penalties if the defendant has prior convictions or if the arson resulted in injuries to occupants.

Arson of an Occupied Jail or Prison Facility | ARS 13-1705

Setting fire in a jail or prison facility where individuals are present is a Class 4 felony, though penalties can escalate if lives are endangered.

• Prison Time: 1.5 to 3 years, with potential increases if the fire jeopardizes the safety of inmates or staff
• Fines: Case-specific, often dependent on the damage caused

Repeat Offenders: Increased penalties for those with prior offenses or if the incident involved significant damage to the facility.

To successfully defend against arson charges, the defense must address and challenge the specific elements of arson as outlined by Arizona law. Generally, arson charges require proving intent, knowledge, or reckless behavior in causing a fire or explosion that damages property. Here are some common defenses that can disprove these elements:

Lack of Intent or Knowledge

For an arson conviction, Arizona law often requires that the person acted with intent or knowingly caused a fire. If the fire was accidental and without malicious intent, this element may not be satisfied. For instance, if the fire resulted from a simple mistake or an unintended consequence (such as an electrical malfunction), this lack of intent could form the basis of a strong defense. 

Insufficient Evidence of Cause

Another element that must be proven is that the defendant’s actions directly caused the fire. If there is not enough evidence to link the accused to the origin of the fire, it may be possible to raise reasonable doubt. This defense could be effective in cases where the fire’s cause is unknown or disputed by expert testimony. For example, if the evidence is circumstantial or if alternative causes (like spontaneous combustion or a faulty appliance) are plausible, the defense may argue that the prosecution lacks proof beyond a reasonable doubt that the accused caused the fire.

Lawful Justification or Consent

Arson charges also require that the act was unlawful—typically involving the lack of permission from the property owner. If the accused had lawful authority or the consent of the property owner to start the fire (for instance, as part of a controlled burn or permitted demolition), the prosecution cannot prove the element of unlawfulness. Evidence of authorization or consent can be a strong defense against arson charges.

Misidentification or Mistaken Identity

A defense may involve arguing that the accused was not present at the scene or involved in the alleged arson. If the prosecution’s case relies on eyewitness testimony or surveillance footage, the defense can seek to establish an alibi or question the reliability of the identification. Evidence such as phone records, GPS data, or witness accounts can support this defense, potentially showing that someone else was responsible for the fire.

Each of these defenses aims to challenge a key component of the prosecution’s case, targeting specific elements required to prove arson under Arizona law. By addressing these elements, a skilled attorney, like Christian Lueders from Guardian Law, can help build a strong defense strategy specific to the facts of each case.

In Arizona, arson-related offenses cover more than just the act of starting a fire in a structure or property. Under Chapter 17 of Title 13 in the Arizona Criminal Code, several other related charges address different aspects of fire-setting and similar dangerous behaviors. Here’s a look at other significant charges:

Reckless Burning | ARS 13-1702

Reckless burning involves causing a fire through reckless actions without the intent to damage specific property. While less severe than intentional arson, reckless burning is still punishable under Arizona law and can lead to a Class 1 misdemeanor charge, with penalties depending on the extent of damage.

Burning of Wildlands | ARS 13-1706

Under ARS 13-1706, burning of wildlands is a separate offense focusing on fires set in natural areas. Arizona considers these fires highly dangerous due to the potential for widespread harm to the environment and public safety. Wildland burning charges may carry penalties based on the extent of the damage and whether the act was intentional or reckless.

Unlawful Cross Burning | ARS 13-1707

Arizona law also specifically prohibits cross-burning when it is done with the intent to intimidate or threaten. This offense is classified as a Class 1 misdemeanor and is treated as a hate crime in many cases, carrying additional consequences if the intent is to instill fear or threaten specific groups or individuals.

Unlawful Symbol Burning | ARS 13-1708

Under ARS 13-1708, it is illegal for a person to burn or cause the burning of any symbol (not covered under ARS 13-1707) on someone else’s property without permission, or in a public place like a highway, with the intent to intimidate an individual or group. Importantly, Arizona law requires that the intent to intimidate be demonstrated by independent evidence and cannot be assumed solely based on the act of burning the symbol. Violating this statute is classified as a Class 1 misdemeanor.

Emergency Response and Investigation Costs | ARS 13-1709

ARS 13-1709 allows for civil liability in cases where emergency services are called to respond to arson incidents. If convicted, individuals may be required to cover the costs of emergency response and investigation, which can add substantial financial consequences on top of any criminal penalties. 

Attorney Christian Lueders and his team at Guardian Law are well-prepared to defend against arson charges, drawing on years of experience handling complex criminal cases statewide. With a background as a felony prosecutor, Lueders has insight into how prosecutors build cases under Arizona Revised Statutes, which allows him to counter the state’s evidence and arguments.

His team understands that arson cases can be overwhelming, and they’re dedicated to examining every detail, from the evidence to the intent, to create a strong defense. If you or a loved one are facing arson charges, Guardian Law is ready to fight for your rights and pursue the best possible outcome.