Understanding ARS Arson: ARS 13-1704
Facing arson charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona arson laws. It explains key terms and the sentencing guidelines for ARS arson. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS arson, consult with a qualified Arizona criminal defense attorney as soon as possible.
What is ARS Arson?

ARS 13-1703 and ARS 13-1704 define arson as the unlawful damaging of a structure or property by knowingly causing a fire or explosion. Not all arson cases are treated the same under the law. The critical factors for an arson charge are 1) whether the fire damaged an occupied structure or property and 2) the value of the property damaged by the fire or explosion.
Arson of an Occupied Structure: The Most Serious Offense (ARS 13 1704)
Arson of an occupied structure is the most serious type of arson. The elements of this crime involve knowingly causing damage to a building or structure by fire or explosion, where people are or might be present. The fact that people are present or might be present is what makes this crime so serious. Arson of an occupied structure is a Class 2 felony.
Arson of a Structure or Property: A Graded Offense (ARS 13 1703)
Arson of a structure or property involves knowingly damaging a structure or property by causing a fire or explosion. This crime focuses on property damage rather than the danger to others. The severity of this crime depends on the value of the damaged property:
- Property Value Over $1000: This results in a Class 4 felony charge. The higher value of the property damaged reflects a more serious crime and is subject to tougher penalties.
- Property Value Between $100 and $1000: This constitutes a Class 5 felony. While still a felony, the lower value of the property results in a less severe charge than a Class 4 felony.
- Property Value of $100 or Less: This is treated as a Class 1 misdemeanor. Although still a criminal offense, a misdemeanor is less serious than a felony.
The value of the property is the deciding factor for this charge. This is often a point of disagreement between defense lawyers and the prosecution.
Reckless Burning: A Less Severe Charge (ARS 13 1702)
Reckless burning is a less serious charge related to fire. It involves recklessly causing a fire or explosion that damages property. This is a Class 1 misdemeanor, which is less severe than a felony but still serious and can lead to significant penalties.
A related offense is ARS unlawful use of means of transportation, defined in ARS 13-1803. ARS unlawful use of means of transportation involves either knowingly taking control of someone’s vehicle without permission or being in a vehicle you know or have reason to know is stolen. This crime is different from ARS theft of means because it doesn’t involve the intent to permanently deprive the owner of the vehicle.
Sentencing for ARS Arson:

The penalties for ARS arson are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following table summarizes the potential consequences for each type of offense:
Charge | Class | Prison/Jail | Probation (max) |
---|---|---|---|
Arson: Occupied Structure | Class 2 Felony | Prison: 3 – 12.5 years | 7 years |
Arson: Structure or Property ($1,000+) | Class 4 Felony | Prison: 1 – 3.75 years | 4 years |
Arson: Structure or Property ($101 - $1,000) | Class 5 Felony | Prison: 6 months – 2.5 years | 3 years |
Arson: Structure or Property ($1 - $100) | Class 1 Misdemeanor | Jail: up to 6 months | 3 years |
Reckless Burning | Class 1 Misdemeanor | Jail: up to 6 months | 3 years |
Frequently Asked Questions:

A structure is any building, object, vehicle, watercraft, aircraft, or place with walls and a floor, used for living, business, transportation, recreation, or storage. Property, on the other hand, is anything of value other than a structure, whether it's public or private, real or personal, and includes documents that show value or ownership.
Yes. An "occupied structure" is any building or place where people are or might be present, or close enough to be in danger when a fire or explosion happens. This includes any house, whether occupied, unoccupied, or vacant.
Damage is broadly defined as any physical or visual impairment of any surface. You could be charged with arson if the fire or explosion causes any physical or visual damage to the any surface of the structure or property. This would include relatively minor damage like charring of exterior paneling.
The location of the arson can play a role in the charges. ARS arson applies statewide in Arizona. Arson on federal lands, like national parks and forests, falls under federal law. This means that arson could be a state crime or federal crime depending on the location of the crime.
Knowingly means that you were aware of your actions or the situation. In other words, you knew that your actions would cause a fire or explosion. You don't need to know that what you were doing was illegal. Recklessly means that you were aware of and ignored a significant and unjustifiable risk that you would start a fire. This behavior is far below what a reasonable person would do in the same situation.
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Key Takeaways:

- Definition of ARS Arson: ARS 13-1703 and ARS 13-1704 define arson as knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion.
- Different Cases of Arson:
- Arson of an Occupied Structure (ARS 13-1704): Knowingly causing damage to an occupied structure by fire or explosion.
- Class 2 felony
- Prison: 3 – 12.5 years
- Probation (max): 7 years
- Arson of a Structure or Property (ARS 13-1703): Knowingly causing damage to property. The charge depends on the value of the damaged property:
- Over $1000:
- Class 4 felony
- Prison: 1 – 3.75 years
- Probation (max): 4 years
- $100 – $1000:
- Class 5 felony
- Prison: 6 months – 2.75 years
- Probation (max): 3 years
- $100 or less:
- Class 1 misdemeanor
- Jail (max): 6 months
- Probation (max): 3 years
- Reckless Burning (ARS 13-1702): Less severe charge for recklessly causing a fire or explosion.
- Class 1 misdemeanor
- Jail (max): 6 months
- Probation (max): 3 years
- Over $1000:
- Arson of an Occupied Structure (ARS 13-1704): Knowingly causing damage to an occupied structure by fire or explosion.
- Factors Influencing Arson Charges: The value of the damaged property and whether the structure was occupied at the time of the incident are key factors that influence the severity of arson charges.
Next Steps:

ARS arson is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing ARS arson charges, under ARS 13-1703 or ARS 13-1704, engaging a skilled Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.