An arson accusation is one of the most serious property crimes charged in Arizona. Even cases that start as an accident, a controlled burn that got out of hand, or a fire investigator’s guess can turn into a felony charge that carries years in prison. If you or someone you love has been accused of arson in Tucson or elsewhere in Arizona, understanding how the law works … and what is at stake … is the first step toward building a defense. I’m Natasha Wrae, and below I’ll walk through how Arizona defines and punishes arson and how I approach defending these cases.

Arizona does not have a single “arson” statute. Instead, Title 13, Chapter 17 of the Arizona Revised Statutes creates several distinct fire-related offenses, each defined by the defendant’s mental state (reckless vs. knowing), what burned, and how much it was worth. The key terms the statutes use are:

Structure … any building, vehicle, watercraft, aircraft, or other place with sides and a floor used for lodging, business, transportation, recreation, or storage.

Occupied structure … a structure in which a person is present, or is likely to be present, at the time of the fire … including a home that is temporarily empty.

Property … anything of value, other than a structure, that is damaged by fire or explosion.

Whether a case is charged as a misdemeanor or a serious felony often turns on these definitions … for example, whether a structure was legally “occupied,” or how an investigator valued damaged property. These are exactly the kinds of facts a defense attorney examines closely.

Arizona does not have a single “arson” statute. Instead, Title 13, Chapter 17 of the Arizona Revised Statutes creates several distinct fire-related offenses, each defined by the defendant’s mental state (reckless vs. knowing), what burned, and how much it was worth. The key terms the statutes use are:

Structure … any building, vehicle, watercraft, aircr

Arizona law treats fire-related offenses on a sliding scale that runs from a misdemeanor all the way up to one of the most serious felony classes in the criminal code. Where a particular case lands on that scale depends on several factors: whether the fire was set recklessly or knowingly, whether a structure or occupied structure was involved, and how the damaged property is valued. Low-level reckless burning is charged as a misdemeanor, while knowingly setting fire to a structure or occupied building is charged as a felony … with occupied-structure arson treated as one of the most serious felony offenses on the books because of the risk to human life.

A felony arson conviction can mean years in prison, substantial fines, and mandatory restitution to the property owner or insurer, and sentences increase significantly for anyone with prior felony convictions or where aggravating circumstances apply. Beyond the courtroom, a conviction leaves a permanent felony record, can affect employment and housing, and … for non-citizens … can carry serious immigration consequences. If a fire causes injury or death, additional and even more serious charges, such as aggravated assault or manslaughter, can be added on top of the arson charge itself. Arson cases also tend to draw close attention from insurance companies, which can lead to a parallel civil dispute or a separate fraud investigation running alongside the criminal case.

Because the difference between a misdemeanor and a decade-long felony sentence can come down to a handful of contested facts, it is worth having those facts … and the law behind them … reviewed by someone who works in this area regularly, rather than assuming the initial charge is the final word.

aft, or other place with sides and a floor used for lodging, business, transportation, recreation, or storage.

Occupied structure … a structure in which a person is present, or is likely to be present, at the time of the fire … including a home that is temporarily empty.

Property … anything of value, other than a structure, that is damaged by fire or explosion.

Whether a case is charged as a misdemeanor or a serious felony often turns on these definitions … for example, whether a structure was legally “occupied,” or how an investigator valued damaged property. These are exactly the kinds of facts a defense attorney examines closely.

My name is Natasha Wrae, and I defend people in Tucson and anywhere in Arizona who are facing serious criminal charges … including arson. When I take on an arson case, I don’t start from the assumption that the state’s version of events is correct. I start by pulling apart the evidence the same way a prosecutor built it: piece by piece.

That means I look closely at how the fire investigator reached their conclusions, and … where it’s warranted … bring in an independent fire origin-and-cause expert to test the state’s findings. Arson investigation is not the exact science it’s sometimes made out to be; techniques once treated as conclusive have been challenged and revised in courts across the country, and I make sure that scrutiny gets applied to your case. I examine whether the state can actually prove you acted knowingly, as the law requires, rather than recklessly or by accident. I question the property valuation used to justify a felony charge when the facts might support something less. And I look hard at how the evidence against you was gathered in the first place, including whether a search or seizure ran afoul of your constitutional rights.

Where the facts support it, I negotiate directly with prosecutors toward a reduced charge or a better resolution. Where they don’t, I prepare every case as though it is going to trial, because that preparation is what gives you real options. Either way, you will have someone in your corner from accusation through the final resolution of your case … explaining what’s happening, answering your questions, and making sure the decisions along the way are yours to make, with my advice behind them.

An arson accusation can feel like the state has already made up its mind about you. It hasn’t decided anything yet … that’s what the legal process is for. If you’re facing an arson charge, I’d like to talk with you about what happened and what your options are.