Arson of an Occupied Structure: What Is the Sentence? ARS 13-1704

A.R.S. § 13-1704 has one sentence of substance: a person commits arson of an occupied structure “by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.” Every word that matters is defined in § 13-1701, and the definitions are broader than most people assume. A “structure” is any building, object, vehicle, watercraft, aircraft or place with sides and a floor used for lodging, business, transportation, recreation or storage. An “occupied structure” is one in which a person is or is likely to be present, or so near as to be in equivalent danger, when the fire or explosion occurs, and the term expressly includes any dwelling house “whether occupied, unoccupied or vacant.” “Damage” means any physical or visual impairment of any surface, so scorching and smoke staining qualify.

Put together, the State must prove four things: you caused a fire or explosion; you did so knowingly; the fire damaged a structure that was occupied within the statutory meaning; and the damage was unlawful. A vacant rental house, an occupied car, a storage unit in a busy facility and an apartment building all fit. The elements and the statute’s full text are laid out on our A.R.S. § 13-1704 statute page; this article covers what the charge means in a Maricopa County courtroom.

What Is the Sentence for Arson of an Occupied Structure in Arizona?

The statute says class 2 felony and stops. The number of years depends on whether the State alleges and proves that the arson was a dangerous offense, and in Arizona courts it nearly always does. For a first-time, non-dangerous class 2 felony, § 13-702 sets a range of 3 to 12.5 years with a presumptive term of 5, and probation is legally available. Once the offense is found dangerous, sentencing moves to § 13-704: a minimum of 7 years, a presumptive 10.5 and a maximum of 21, served day for day with no probation, suspension or early release. One prior dangerous felony conviction raises that to 14 to 28 years.

Two more statutes sit behind the number. Arson of an occupied structure is both a “serious offense” and a “violent or aggravated felony” under § 13-706, Arizona’s three-strikes law, so it counts toward a life sentence for a defendant with two qualifying priors. And under § 13-1709 a convicted defendant can be ordered to repay the fire department and police for the emergency response and the investigation, a figure that in a structure fire runs well into five figures and that liability insurance will not cover.

Is Arson of an Occupied Structure a Dangerous Offense?

Not automatically, but almost always as charged. § 13-105 defines a dangerous offense as one “involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury.” A dangerous instrument is anything that, in the manner it is used, is readily capable of causing death or serious injury. Prosecutors treat fire and explosives as dangerous instruments and file the allegation with the indictment. Because the allegation changes the sentencing statute, it is treated as a sentencing enhancement that must be found by the jury beyond a reasonable doubt, usually on a separate verdict form.

That gives the defense a second target. A fire set in a way that could not realistically have reached a person, a fire of disputed size, or a case in which the “use” of fire is itself the contested fact can all support a verdict on the arson count without the dangerous finding. Defense attorneys commonly see plea offers in these cases turn on exactly that point: the State dismisses the dangerousness allegation, or amends to § 13-1703, in exchange for a plea, and the client becomes eligible for probation.

How Is It Different From Arson of a Structure or Reckless Burning?

Arizona grades arson by what burned and what the defendant’s mental state was. Arson of a structure or property under § 13-1703 covers a knowing, unlawful fire that damages a structure no one is likely to be in, or property; it is a class 4 felony for a structure or property worth more than $1,000, a class 5 felony for property worth $100 to $1,000, and a class 1 misdemeanor below $100. § 13-1702, reckless burning, is a class 1 misdemeanor for a fire or explosion caused recklessly rather than knowingly that damages any structure, wildland or property. § 13-1705 makes arson of an occupied jail or prison a class 4 felony on its own terms.

The line between A.R.S. § 13-1704 and § 13-1703 is the phrase “likely to be present.” A detached garage at 3 a.m., a shed, a commercial building after hours, or a car parked on the street is a structure, but whether anyone was likely to be in or dangerously near it is a fact question. Because a dwelling house is an occupied structure even when vacant, that argument is not available for a home, but it is available for most other buildings, and it is where many § 13-1704 charges are reduced.

What Else Gets Charged With Arson of an Occupied Structure?

Felony murder. Arson under § 13-1703 or § 13-1704 is a listed predicate in § 13-1105. If anyone dies in the course of the arson or the flight from it, including a firefighter or an occupant no one knew was inside, the charge becomes first degree murder without any proof that the defendant intended a death. Our overview of the types of homicide in Arizona explains how felony murder works.

Endangerment. Each person placed at substantial risk of imminent death supports a separate count under § 13-1201, a class 6 felony, and those counts are also alleged as dangerous.

Fraudulent schemes. When a fire is followed by an insurance claim, the State adds § 13-2310, a class 2 felony, and the claim file becomes the centerpiece of the prosecution. Giving a recorded statement to the insurer before speaking with counsel is the most common mistake in these cases.

Response costs and restitution. Beyond the sentence, the court orders restitution to the owner and can assess the fire and police response under § 13-1709. Where the fire reaches a neighbor’s property or a vehicle, criminal damage counts follow.

How Are Arizona Arson Cases Investigated and Proven?

An arson prosecution is built on an origin-and-cause investigation. A fire marshal, a police arson detective or, in larger fires, a federal agent walks the scene, documents burn patterns, identifies where the fire started and then works to eliminate accidental causes: electrical faults, appliances, heating equipment, smoking materials, lightning, spontaneous combustion. The recognized methodology is NFPA 921, the national guide for fire and explosion investigations, and an investigator who departs from it is open to challenge. Samples from the suspected origin go to a laboratory for ignitable-liquid analysis, often after an accelerant-detection canine alert, and a canine alert that the laboratory does not confirm is not evidence of an accelerant.

The second half of the case is about the defendant: motive evidence from finances, insurance and relationships, cell-site and app location records, doorbell and traffic cameras, purchases of fuel or containers, and statements. Many of the burn-pattern indicators that investigators once treated as proof of a set fire, such as crazed glass, deep charring or irregular floor patterns, have been shown to occur in accidental fires that reach flashover, and a defense fire scientist’s job is to test whether the State’s investigator relied on them. If you are contacted, read our guide on what to do when a detective calls you in Arizona before you answer.

What Defenses Apply to an Arson of an Occupied Structure Charge?

The fire was accidental. The State must prove you knowingly caused the fire. An independent origin-and-cause review that identifies an electrical, mechanical or natural cause, or that shows the investigator failed to exclude one, defeats the knowing element.

Identity. Most arson cases have no eyewitness to ignition. Location data, timing and the physical evidence tying a particular person to the origin are all contestable, and motive is not proof.

The structure was not “occupied.” For anything other than a dwelling house, whether a person was likely to be present or in equivalent danger is a jury question that moves the case from § 13-1704 to § 13-1703.

The damage was not unlawful. Lawfully burning your own property with no one endangered and no insurance claim is not arson, though because a dwelling is an occupied structure even when vacant, that defense gets litigated rather than assumed.

No dangerous offense. Even where the arson is proved, the manner of the fire may not satisfy the dangerous-instrument definition, which takes mandatory prison off the table.

Suppression. Fire scenes are searched after the emergency ends, and the Fourth Amendment still applies to that later entry; evidence collected without a warrant or valid consent after the exigency passed can be suppressed.

How Tamou Law Group Defends an Arson of an Occupied Structure Charge

Pre-charge advocacy. Arson investigations run for weeks before an arrest, and that window matters. We take over contact with the fire marshal, the detective and the insurance carrier so that no recorded statement is given, we send scene-preservation demands to the owner and insurer, and we retain an origin-and-cause expert while the building still exists.

Disclosure strategy. We demand the complete origin-and-cause report and field notes, every scene photograph and diagram, the laboratory’s chromatograms and bench notes, the canine handler’s training and alert logs, dispatch and body-camera records, and the insurer’s claim file. Our experts then test the State’s cause determination against NFPA 921, and we litigate the dangerous-offense allegation as its own issue.

Plea and collateral analysis. Where the evidence supports a resolution, the goals are the dismissal of the dangerousness allegation, an amendment to § 13-1703, and a probation-available sentence. We also address restitution and the response-cost assessment under § 13-1709, the three-strikes consequences under § 13-706, and any parallel insurance litigation. Arson cases are handled by our Arizona violent crimes defense team, part of the firm’s criminal defense practice, in Maricopa, Pinal and Pima County superior courts.