Phoenix Arson Attorney

Trusted Arson Lawyer in Phoenix, AZ

The Davidson Criminal Defense & DUI Law Firm is committed to helping individuals charged with all types of criminal charges including arson.

Arson cases are among the most evidence-heavy prosecutions in Arizona. They often depend on fire investigator opinions, lab results and insurance records rather than eyewitnesses, and much of that evidence can be challenged. Our Phoenix Arson lawyer reviews how the fire was investigated, whether the State can actually prove you acted knowingly, and whether your rights were respected from the first contact with police or fire officials

Arson is usually a felony under Arizona law and the severity of the offense depends on several factors including the value of the property damaged by the fire or explosion and whether anyone was occupying the property at the time. The less serious offense of reckless burning, which is a misdemeanor, is filed when the defendant recklessly creates an explosion or fire that causes damage.

Arizona Arson Laws: What Counts as Arson?

Under Arizona law, arson means knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. Arizona’s arson offenses are found in Title 13, Chapter 17 of the Arizona Revised Statutes:

• Reckless burning (A.R.S. § 13-1702): recklessly causing a fire or explosion that damages a structure, wildland or property.
• Arson of a structure or property (A.R.S. § 13-1703): knowingly damaging a structure or property, such as a garage, vehicle or business, by fire or explosion.
• Arson of an occupied structure (A.R.S. § 13-1704): the same conduct where one or more people are, or are likely to be, present. The State does not need to prove you knew someone was inside.
• Arson of an occupied jail or prison facility (A.R.S. § 13-1705): causing a fire or explosion that damages an occupied jail or prison.

Arizona defines a “structure” broadly under A.R.S. § 13-1701. It includes any building, vehicle, watercraft, aircraft or place with sides and a floor used for lodging, business, transportation, recreation or storage. That means setting fire to a car or a boat can be charged as arson of a structure, not just a house.

What Are the Penalties for Arson in Arizona?

Arson penalties in Arizona depend on the type of structure, its value, whether anyone was inside and your criminal history. The table below shows the classification and the standard sentencing range for a first-time, non-dangerous offense.

Several factors can raise these ranges significantly:

• Dangerous offense allegation: prosecutors often allege that fire was used as a dangerous instrument. A first-time class 2 dangerous offense carries 7 to 21 years (10.5 presumptive) with no probation.
• Prior felony convictions: repeat-offender sentencing under A.R.S. § 13-703 can more than double the range.
• Injury or death: additional charges such as aggravated assault can be filed if someone is hurt. If someone dies during an arson of an occupied structure, Arizona’s felony murder rule (A.R.S. § 13-1105) allows a first-degree murder charge.
• Restitution: Arizona courts must order full restitution for the economic loss caused, which in fire cases can reach six or seven figures.
• Fines: felony fines can reach $150,000 plus surcharges.

Arson vs. Reckless Burning: What Is the Difference?

The difference is your mental state. Arson requires that you acted knowingly; reckless burning requires only that you consciously disregarded a substantial risk of fire. Burning your own garage to collect insurance is arson. Tossing a lit cigarette into dry brush that spreads to a neighbor’s shed is more likely reckless burning. Because the penalty gap is so large, one of the most effective defense strategies is showing that the evidence supports, at most, reckless conduct rather than knowing conduct, which can turn a felony into a misdemeanor.

Arson in Phoenix

If you have been charged with Arson or Reckless Burning in Phoenix, Glendale, Mesa, Scottsdale or Tempe, contact Phoenix arson attorney Joshua S. Davidson for your free initial consultation. Joshua S. Davidson is a former felony prosecutor who will use his vast experience to assist you when facing any criminal charges in Phoenix.

Felony arson cases in Phoenix are prosecuted by the Maricopa County Attorney’s Office in Maricopa County Superior Court, while misdemeanor reckless burning charges are usually handled in Phoenix Municipal Court or a local justice court. Knowing how these courts and prosecutors handle fire cases shapes every decision in your defense.

How Are Arson Cases Investigated in Phoenix?

Most arson cases are built on an investigator’s opinion about where and how a fire started, called an origin-and-cause determination. In the Phoenix area, investigations are typically handled by fire department fire investigators working with police detectives, and in some cases with federal ATF agents or private investigators hired by insurance companies. A typical investigation includes:

• Scene examination of burn patterns, char depth and the suspected point of origin
• Samples sent to a lab to test for ignitable liquids or accelerants
• Accelerant-detection canine alerts
• Surveillance video, cell phone location data and purchase records (for example, gas cans or lighter fluid)
• Insurance records, financial history and any recent policy changes
• Statements from the property owner, neighbors and witnesses

Fire investigators are expected to follow the scientific method set out in NFPA 921, the national guide for fire and explosion investigations. When an investigator relies on outdated burn-pattern “indicators,” skips ruling out accidental causes such as faulty wiring or appliances, or lets the scene be disturbed before evidence is collected, the conclusion that a fire was intentionally set may not hold up. We work with independent fire experts to test the State’s findings.

Common Defenses to Arson Charges in Arizona

The prosecution must prove every element of arson beyond a reasonable doubt, including that you knowingly caused the fire. Depending on the facts, defenses may include:

• Accidental fire: electrical faults, gas leaks, defective appliances, cooking fires or natural causes.
• No knowing intent: the conduct was, at most, reckless or negligent, which may support reckless burning or no crime at all.
• Flawed fire investigation: failure to follow NFPA 921, unreliable burn-pattern analysis, or failure to rule out other ignition sources.
• Chain-of-custody and lab problems: contaminated samples, false-positive canine alerts or gaps in evidence handling.
• Mistaken identity or alibi: unreliable video, eyewitness errors or location data that places you elsewhere.
• Constitutional violations: unlawful searches of the fire scene without a warrant after the emergency ended, Miranda violations or involuntary statements, which can lead to suppressed evidence.
• Insufficient value proof: challenging property valuations that push a misdemeanor into felony range.

Talking to Insurance Investigators After a Fire

Many arson charges begin with an insurance claim. Insurers often send special investigators and may require a recorded statement or an examination under oath. Anything you say to an insurance company can be shared with law enforcement and used against you in a criminal case. If an insurer suspects a fire was intentionally set, you may also face fraud allegations. Speak with a criminal defense lawyer before giving any statement to fire investigators, police or an insurer.

Consequences of an Arson Conviction Beyond Jail

A felony arson conviction can follow you long after a sentence ends, including:

• Loss of the right to own or possess firearms
• Loss of voting rights while on probation or in custody
• Difficulty finding housing and employment after a background check
• Denial or loss of professional licenses
• Large restitution orders that cannot be discharged in bankruptcy
• Immigration consequences for non-citizens

Some convictions may later be eligible to be set aside or sealed under Arizona law, but dangerous-offense convictions face limits. The best protection is a strong defense from the start.

Frequently Asked Questions About Arson Charges in Phoenix

Is Arson a Felony in Arizona?

Usually, yes. Arson of a structure, and arson of property worth more than $100, is a felony under A.R.S. § 13-1703, and arson of an occupied structure is a class 2 felony under A.R.S. § 13-1704. Only arson of property worth $100 or less and reckless burning are class 1 misdemeanors, punishable by up to six months in jail.

What Is the Difference Between Arson and Reckless Burning in Arizona?

The difference is intent. Arson requires knowingly causing a fire or explosion that damages a structure or property, while reckless burning under A.R.S. § 13-1702 covers fires caused by consciously disregarding a substantial risk. Arson is usually a felony; reckless burning is a class 1 misdemeanor, so reducing an arson charge to reckless burning can avoid a felony record.

Can You Get Probation for an Arson Conviction in Arizona?

Often, yes, for a first offense. Class 4 and class 5 felony arson convictions are generally probation-eligible, and even a class 2 occupied-structure conviction can be if it is not charged as a dangerous offense. If the State proves a dangerous-offense allegation, prison is mandatory: 7 to 21 years for a first-time class 2 offense.

How Do Investigators Prove a Fire Was Intentionally Set?

Investigators conduct an origin-and-cause analysis, looking at burn patterns, the point of origin, lab tests for accelerants, canine alerts, video, phone data and insurance or financial records. They are expected to follow NFPA 921 and rule out accidental causes. When they skip steps or rely on outdated methods, a defense fire expert can challenge their conclusion.

Should I Talk to Fire Investigators or My Insurance Company After a Fire?

Not before speaking with a criminal defense lawyer. Statements to fire investigators, police and insurance investigators, including recorded statements and examinations under oath, can be used as evidence in an arson or fraud prosecution. A Phoenix arson attorney can advise you on what to say, attend interviews with you and protect your rights

Why Choose a Former Felony Prosecutor for Your Arson Defense?

Joshua S. Davidson is a former felony prosecutor who will use his vast experience to assist you when facing arson or any other criminal charges in Phoenix.

Having prosecuted felony cases, Attorney Davidson knows how the State builds an arson case, which investigative shortcuts weaken it and how prosecutors evaluate plea offers. That insight helps him spot problems early, negotiate from strength for reduced charges such as reckless burning or criminal damage, and take cases to trial when the evidence does not hold up.

Contact Phoenix Criminal Defense Lawyer Joshua S. Davidson today if you have been charged with reckless burning or arson in Phoenix.