ARS 13-1209: Drive by shooting
The complete text of A.R.S. § 13-1209 on drive by shooting, what the State has to prove, and the sentencing range, with a violation charged as a class 2 felony and exposure reaching up to 12.5 years in prison.
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Penalties for a § 13-1209 Conviction
A.R.S. § 13-1209 is the Arizona statute on drive by shooting. A violation is a class 2 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-1209
A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.
B. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.
C. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.
D. Drive by shooting is a class 2 felony.
E. As used in this section:
1. “Motor vehicle” has the same meaning prescribed in section 28-101.
2. “Occupied structure” has the same meaning prescribed in section 13-3101.
Source: Arizona Revised Statutes § 13-1209, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
Related Statutes in Chapter 12 — Assault And Related Offenses
- A.R.S. § 13-1208 — Assault
- A.R.S. § 13-1207 — Prisoners who commit assault with intent to incite to riot or participate in riot
- A.R.S. § 13-1211 — Discharging a firearm at a structure
- A.R.S. § 13-1206 — Dangerous or deadly assault by prisoner or juvenile
- A.R.S. § 13-1212 — Prisoner assault with bodily fluids
- A.R.S. § 13-1205 — Unlawfully administering intoxicating liquors, narcotic drug or dangerous drug
- A.R.S. § 13-1213 — Aiming a laser pointer at a peace officer or an occupied aircraft
- A.R.S. § 13-1204 — Aggravated assault
How Tamou Law Group Defends § 13-1209 Cases
A § 13-1209 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 felony and something far less serious, and it is where these cases are won.
We handle drive by shooting cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-1209?
A.R.S. § 13-1209 is the Arizona statute on drive by shooting. A violation is a class 2 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1209 a felony in Arizona?
Yes. Under the statute a violation is a class 2 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-1209?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.