Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1703 and §13-1704 "Arson" occurs when a person "knowingly" and unlawfully damages a structure or property by causing a fire or explosion.
If the structure was occupied, then this can be charged as a class two (2) felony. A class two (2) felony carries a first offense punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is ten and one half (10.5) to thirty-five (35) years of incarceration.
If the structure was unoccupied, or if the property has a value of more than $1000.00, then the person can be charged with a class four (4) felony. A class four (4) felony carries a first offense punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is six (6) years to fifteen (15) years of incarceration.
If the value of the property is more than $100.00 but not more than $1000.00, then the person can be charged with a class five (5) felony. A class five (5) felony carries the range of punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) allegeable historical felony prior conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical prior convictions then the "prison only" range can is three (3) years to seven and one half (7.5) years of incarceration.
If the value of the property is less than $100.00, then this can be charged as a class one (1) misdemeanor. A class one (1) misdemeanor carries punishment of probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 80% surcharge.
If anybody is injured during the fire, then the additional charge of Aggravated Assault can be filed against the suspect. This will depend on the level and extent of the injuries suffered.
Click Here... If you case involves injury or Aggravated Assault.
The key to defending an Arson charge is showing that a person did not "intend" to burn a structure or property, but that they also did not "knowingly" do so (i.e., "Lack of Intent" and "Lack of Knowledge"). For example, if a camper merely lights a campfire, and then it unintentionally spreads out of control, this would not necessarily qualify as Arson. In addition, there are numerous household accidents which could result in a structure being burned to the ground. The problem arises when an insurance company unfairly attempts to shift the blame onto the Defendant, rather than paying off an expensive claim. It is important to analyze all aspects of the Detective§13s report to determine whether they have misconstrued any of the evidence. It may also be necessary to utilize our own investigator in order to look for faulty wiring, faulty gas line hook-ups, defective appliances, and things of this nature.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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04/24/08 |
Aggravated DUI, Aggravated DWI |
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04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
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Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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