Understanding Arizona Property Crimes
Facing Arizona property crime 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.
Lawyer Listed created this guide to provide you with a detailed overview of the most common Arizona property crimes. It explains key terms and sentencing guidelines. It also answers frequently asked questions about these 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 facing Arizona property crime charges, consult with a qualified Arizona property crimes attorney as soon as possible. Lawyer Listed simplifies this process and matches you with an elite criminal defense lawyer tailored to your case.
Key Concepts of Arizona Property Crimes:
- Intentionally or with intent to means that there was an objective to cause a result or engage in a specific conduct. In other words, you meant to do it.
- Knowingly means that you were aware of your actions or the circumstances that make up the offense. It doesn’t require that you knew your conduct was illegal; you just needed to be conscious of what you were doing or the situation you were in.
- Reckless means being aware of and willfully disregarding a substantial and unjustifiable risk, which results in harmful consequences.
- Structure means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage.
Arson: ARS 13-1704
ARS arson under Arizona law involves knowingly causing damage to a structure or property through fire or explosion. Arson charges are divided into different categories based on two main factors: whether the structure was occupied and the value of the damaged property.
Arson of an Occupied Structure (ARS 13-1704)
Arson of an occupied structure is the most serious form of ARS arson. It involves intentionally causing a fire or explosion that damages a building or structure where individuals are—or could reasonably be—present. Arizona law classifies this offense as a Class 2 felony when the act targets a structure with potential human occupancy.
The term “occupied structure” applies broadly. It includes buildings that are vacant or temporarily unoccupied, provided people could be close enough to face danger. The critical factor is not whether anyone was inside at the time, but rather the potential risk to human life resulting from the incident.
Arson of Structure or Property (ARS 13-1703)
Arson of a structure or property involves unlawfully damaging to a structure or property by knowingly causing a fire or explosion. Under ARS 13-1703, the classification of the crime is determined by the value of the damaged property, not the dollar amount of the damage itself. Charges escalate as the value of the property increases over the following ranges:
- Property valued at $100 or less: Class 1 misdemeanor
- Property valued between $100 and $1,000: Class 5 felony
- Property valued over $1,000: Class 4 felony
Reckless Burning (ARS 13-1702)
Reckless burning, like its name suggests, involves causing damage to a structure or property by recklessly causing a fire or explosion. Unlike arson that requires the fire to be caused knowingly, reckless burning charges could be filed if the fire was unintentional and instead the result of disregarding a substantial and unjustifiable risk of causing a fire. The lesser charge of reckless burning is a misdemeanor offense
Penalties for ARS Arson
The consequences for an ARS arson conviction are serious and depend on the specific charge and your criminal history.
| 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 (FAQs)
Burglary: ARS 13-1506 _ ARS 13-1507 _ ARS 13-1508
ARS burglary involves unlawfully entering or remaining in a structure with the intent to commit theft or any felony. There is no requirement that you actually steal anything or commit a felony – the intent alone is sufficient for conviction. Burglary ARS statutes divide the crime into three degrees based on location and circumstances.
Third-Degree Burglary (ARS 13-1506)
ARS burglary 3rd degree is the lesser burglary charge. It involves the unlawful entry into any of the following with the intent to commit theft or any felony:
- Non-residential structures (sheds, garages, storage buildings)
- Fenced commercial or residential yards
- Motor vehicles using manipulation or master keys
Second-Degree Burglary (ARS 13-1507)
ARS burglary 2nd degree is the ARS burglary residential charge. It involves unlawfully entering a residential structure with the intent to commit a theft or felony. A “residential structure” includes homes, apartments, and mobile homes. This ARS burglary residential charge is more serious because it involves someone’s home – even if the home was abandoned at the time of the crime.
First-Degree Burglary (ARS 13-1508)
ARS burglary 1st degree involves committing a second- or third-degree burglary while possessing explosives, deadly weapons, or dangerous instruments. The crime is more serious if committed in a residential structure.
- Residential structures: Committing burglary with a weapon in a home is a Class 2 felony
- Non-residential structures: Committing burglary with a weapon in a non-residential building, fenced yard, or vehicle is a Class 3 felony
Committing a burglary with a weapons or dangerous instrument significantly increases penalties, even if you never used or displayed them.
Penalties for ARS Burglary
Penalties for ARS burglary are severe and vary based on the degree of the charge.
| Burglary Degree | Location | Felony Class | Prison Range (Years) | Probation (Max) |
|---|---|---|---|---|
| 3rd degree | Non-residential structure, fenced yard, vehicle | Class 4 | 1 to 3.75 | 4 years |
| 2nd degree | Residential structure | Class 3 | 2 to 8.75 | 5 years |
| 1st degree (Non-Residential) | Weapon: non-residential structure, fenced yard, vehicle | Class 3 | 2 to 8.75 | 5 years |
| 1st degree (Residential) | Weapon: residential structure | Class 2 | 3 to 12.5 | 7 years |
Frequently Asked Questions (FAQs)
Criminal Damage: ARS 13-1602
ARS criminal damage covers various acts of property destruction or interference. The criminal damage ARS statute includes both reckless and intentional acts, with different penalties based on the circumstances and amount of damages.
Criminal Damage (ARS 13-1602)
Criminal damage ARS statues cover six main categories of property damage:
- Property damage or defacement: Recklessly damaging or defacing someone else’s property. “Damage” can be any physical or visual impairment, no matter how small.
- Property tampering: Recklessly tampering with property in a way that makes it less functional or valuable.
- Damaging utility property: Recklessly damaging property owned by a utility company, like power or water lines.
- Obstructing access: Blocking passageways or preventing livestock from accessing water.
- Unauthorized markings (Graffiti): Recklessly drawing or writing on public or private buildings without permission.
- Intentionally Tampering with Utilities: Unlike other forms of damage, this requires that you intentionally tampered with utility property.
Aggravated Criminal Damage (ARS 13-1604)
Aggravated criminal damage is a more serious crime that involves committing criminal damage at the following protected locations:
- Places of worship or other religious property
- Schools or educational facilities
- Cemeteries and mortuaries
- Infrastructure for obtaining non-ferrous metals
These charges carry enhanced penalties due to the special nature of the targeted property.
Penalties for ARS Criminal Damage
Punishment for criminal damage in Arizona depends on the value of the damage, the type of property, and whether the act was reckless or intentional:
Misdemeanor Criminal Damage
- Class 2 Misdemeanor (Damage less than $250): A Class 2 misdemeanor carries a maximum penalty of four months in jail and up to two years of probation.
- Class 1 Misdemeanor (Damage between $250 and $1,000): A Class 1 misdemeanor can result in up to six months in jail and up to three years of probation.
Felony Criminal Damage
The penalties for felony criminal damage are significantly more severe. They depend on the class of felony and various case-specific factors.
| Felony | Crime | Prison | Probation (max) |
|---|---|---|---|
| Class 6 |
Damage: $1,000 - $1,999 Damage: $1 - $1,499 Damaging cemetery, educational or religious building |
0.33 – 2 years | 3 years |
| Class 5 |
Damage: $2,000 - $9,999 Promotion of gang or criminal syndicate Damage: $1,500 - $9,999 Damaging cemetery, educational or religious building Damage: $1 - $1,499 Nonferrous metals |
0.5 – 2.5 years | 3 years |
| Class 4 |
Damage: $10,000+ Utility damage: $5,000+ Damage causing imminent safety hazard Damage: $1,500 - $9,999 Nonferrous metals Damage: $10,000+ Damaging cemetery, educational or religious building |
1 – 3.75 years | 4 years |
| Class 3 |
Damage: $10,000+ Nonferrous metals |
2 – 8.75 years | 5 years |
Frequently Asked Questions (FAQs)
Criminal Trespass: ARS 13-1502 _ ARS 13-1503 _ ARS 13-1504
ARS criminal trespass involves knowingly entering or remaining on someone else’s property without permission. The severity of the charges depends on the type of property and circumstances involved. Arizona law divides criminal trespass ARS charges into three different degrees.
Third-Degree Criminal Trespass (ARS 13-1502)
Criminal trespass under ARS 13-1502 is a class 3 misdemeanor and involves entering or remaining on property after:
- Seeing posted notices prohibiting entry
- Being asked to leave by law enforcement, the owner, or someone in control
Second-Degree Criminal Trespass (ARS 13-1503)
ARS 13-1503 is a class 2 misdemeanor and involves unlawfully entering or remaining in:
- Nonresidential structures (stores, warehouses, office buildings)
- Fenced commercial yards
First-Degree Criminal Trespass (ARS 13-1504)
Criminal trespass under ARS § 13-1504 is the most serious form of trespassing in Arizona. It involves knowingly entering or remaining unlawfully under specific circumstances that pose heightened risks to privacy, safety, or property.
Class 1 Misdemeanor:
- Fenced residential yards
- Residential yards to look inside homes
- Property while burning religious symbols
Class 6 Felony:
- Residential structures
- Desecrating religious symbols
Class 5 Felony:
- Critical public service facilities
Penalties for ARS Trespass
Penalties for ARS criminal trespass vary based on the degree of the charge.
| Offense | Trespass | Charge | Jail/Prison | Probation (max) |
|---|---|---|---|---|
| 3rd degree trespass | Property with notice or request to leave | Class 3 misdemeanor | Jail: up to 30 days | 1 year |
| 2nd degree trespass | Nonresidential structure or fenced commercial yard | Class 2 misdemeanor | Jail: up to 4 months | 2 years |
| 1st degree trespass | Fenced residential yard, violation of privacy, or mineral claim | Class 1 misdemeanor | Jail: up to 6 months | 3 years |
| 1st degree trespass | Residential structure or desecrating religious symbol | Class 6 felony | Prison: 0.33 – 2 years | 3 years |
| 1st degree trespass | Critical public service facility | Class 5 felony | Prison: 0.5 – 2.5 years | 3 years |
Frequently Asked Questions
Next Steps:
Arizona property crimes are serious charges with serious consequences. The charges and the resulting sentence depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona property crime charges, engaging a skilled property crimes attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at Lawyer Listed and get an experienced criminal defense attorney on your side right away.