ARS 13-1001: Attempt
The complete text of A.R.S. § 13-1001 on attempt, what the State has to prove, and the sentencing range, with a violation charged as a class 1 through 6 felony or a class 1 through 3 misdemeanor and exposure reaching a life or death sentence.
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What the State Must Prove Under § 13-1001
A.R.S. § 13-1001 is the Arizona statute on attempt. The statute sets out 3 ways the offense can be committed. A violation is a class 1 through 6 felony or a class 1 through 3 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is a life or death sentence.
A. A person commits attempt if, acting with the kind of culpability otherwise required for commission of an offense, such person:
- Intentionally engages in conduct which would constitute an offense if the attendant circumstances were as such person believes them to be; or
- Intentionally does or omits to do anything which, under the circumstances as such person believes them to be, is any step in a course of conduct planned to culminate in commission of an offense; or
- Engages in conduct intended to aid another to commit an offense, although the offense is not committed or attempted by the other person, provided his conduct would establish his complicity under chapter 3 if the offense were committed or attempted by the other person.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-1001 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 1 felony | Murder only. First degree murder is punishable by death or life under §§ 13-751 and 13-752; second degree murder carries 10, 16 or 25 calendar years under § 13-710. | ||||
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 felony | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class 6 felony | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
| Class 2 misdemeanor | 4 months | $750 |
| Class 3 misdemeanor | 30 days | $500 |
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. § 13-1001
A. A person commits attempt if, acting with the kind of culpability otherwise required for commission of an offense, such person:
1. Intentionally engages in conduct which would constitute an offense if the attendant circumstances were as such person believes them to be; or
2. Intentionally does or omits to do anything which, under the circumstances as such person believes them to be, is any step in a course of conduct planned to culminate in commission of an offense; or
3. Engages in conduct intended to aid another to commit an offense, although the offense is not committed or attempted by the other person, provided his conduct would establish his complicity under chapter 3 if the offense were committed or attempted by the other person.
B. It is no defense that it was impossible for the person to aid the other party’s commission of the offense, provided such person could have done so had the circumstances been as he believed them to be.
C. Attempt is a:
1. Class 2 felony if the offense attempted is a class 1 felony.
2. Class 3 felony if the offense attempted is a class 2 felony.
3. Class 4 felony if the offense attempted is a class 3 felony.
4. Class 5 felony if the offense attempted is a class 4 felony.
5. Class 6 felony if the offense attempted is a class 5 felony.
6. Class 1 misdemeanor if the offense attempted is a class 6 felony.
7. Class 2 misdemeanor if the offense attempted is a class 1 misdemeanor.
8. Class 3 misdemeanor if the offense attempted is a class 2 misdemeanor.
9. Petty offense if the offense attempted is a class 3 misdemeanor or petty offense.
Source: Arizona Revised Statutes § 13-1001, 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.
- What Is an Attempted Crime in Arizona? (13-1001)
- What Is an Inchoate Crime in Arizona? (13-1001 to 13-1004)
Related Statutes in Chapter 10 — Preparatory Offenses
How Tamou Law Group Defends § 13-1001 Cases
A § 13-1001 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 1 through 6 felony and something far less serious, and it is where these cases are won.
We handle attempt 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. § 13-1001?
A.R.S. § 13-1001 is the Arizona statute on attempt. A violation is a class 1 through 6 felony or a class 1 through 3 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1001 a felony in Arizona?
It can be. Under the statute a violation is a class 1 through 6 felony or a class 1 through 3 misdemeanor, so the exposure reaches a life or death sentence. The paragraph charged and the facts decide which class applies.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-1001?
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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