What you need to know
Arson is treated as a serious felony crime in Arizona. If you’re charged, you could face years in prison—even for a first offense. Depending on the type of property damaged, whether anyone was inside, or how the fire started, the penalties can vary widely.
What Is Arson Under Arizona Law?
Arizona law defines several types of arson under A.R.S. §13-1702 through §13-1708. The specific charge depends on the intent, property involved, and whether the structure was occupied.
Here are the main categories:
- Reckless Burning (A.R.S. §13-1702) – Causing a fire through negligence or recklessness
- Arson of a Structure or Property (A.R.S. §13-1703) – Intentionally setting fire to property
- Arson of an Occupied Structure (A.R.S. §13-1704) – Burning a structure with people inside
- Wildland Arson (A.R.S. §13-1706) – Intentionally starting fires on wildland or forest land
Each type carries distinct penalties and is classified as either a misdemeanor or felony.
Jail and Prison Time for Arson in Arizona
The amount of time you could spend behind bars depends on the charge level. Below is a breakdown of typical sentencing ranges:
Arson of an Occupied Structure – Class 2 Felony
- Prison Time: 3 to 12.5 years
- This is the most severe type of arson. Because the structure is occupied, it is classified as a “dangerous crime” under Arizona law. If injuries or death occur, sentencing can increase even further.
Arson of a Structure – Class 4 Felony
- Prison Time: 1.5 to 3 years for first offenders
- Applies to unoccupied homes, vehicles, or other buildings.
Arson of Property – Class 5 or Class 6 Felony
- Prison Time: 6 months to 2 years
- This includes setting fire to personal property like furniture, trash, or signage.
Reckless Burning – Class 1 Misdemeanor
- Jail Time: Up to 6 months
- No intent is required, but still carries legal consequences.
Factors That Can Increase Penalties
Several factors can lead to enhanced sentencing:
- Repeat felony offenses
- Use of accelerants or explosives
- Injury or death resulting from the fire
- Burning of public property or utilities
Because Arizona follows strict sentencing guidelines, prior criminal history can also increase the length of a sentence.
Possible Legal Defenses Against Arson Charges
Fortunately, being charged does not mean automatic conviction. With the help of an experienced Arizona criminal defense attorney, you may be able to challenge the charges using one of several common defenses:
- Lack of intent
- False accusation
- Insufficient evidence
- Accidental cause of fire
Each case is different, so it’s essential to speak with a legal team that understands arson laws and local courts.
Why Choose Rideout Law for Arson Defense?
At Rideout Law Group, our attorneys have handled complex arson cases across Arizona. With decades of courtroom experience and a former prosecutor on the team, we know how to fight for your freedom.
Whether you’re in Scottsdale, Phoenix, or Lake Havasu City, our legal team is here to provide aggressive defense and clear legal guidance.
Get Help Today
If you’ve been arrested for arson or are under investigation, don’t wait. Contact Rideout Law Group for a confidential consultation and find out what options are available to you.
📞 Call Today:
- Scottsdale: (480) 584-3328
- Lake Havasu: (928) 854-8181
📲 Contact Us Online