Arson of an Occupied Structure

Under A.R.S. § 13-1704, a person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion. Because the structure is occupied, this offense is treated as a direct threat to human life and carries some of the most serious penalties in Arizona criminal law.

Penalties

Arson of an occupied structure is a Class 2 felony. If someone suffers physical injury as a result, the offense may be designated as a dangerous offense with mandatory prison time. A first-time offender faces a presumptive sentence of 5 years with a range of 3 to 12.5 years.

Defenses

Defenses include challenging whether the defendant knew the structure was occupied, contesting the forensic evidence about the fire’s origin and cause, and disputing the defendant’s connection to the offense.