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Posted on November 26, 2025 in Assault & Violent Crimes
Under Arizona law, arson of an occupied structure means knowingly and unlawfully damaging a structure by causing a fire or explosion, where the structure is occupied or likely to be occupied by people at the time of the incident.
Arson of an occupied structure is a Class 2 felony offense and the most serious form of arson, which can lead to a prison sentence of up to 12.5 years upon conviction, and that’s if you do not have any prior felony convictions.
At AZ Defenders, our Arizona criminal defense attorneys represent people charged with many kinds of crimes, including arson charges. To speak with one of our experienced arson defense attorneys, call us at (480) 456-6400 or contact us online.
Arizona Revised Statutes (ARS) Section 13-1704 states:
Arson of an occupied structure; classification
A. A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.
B. Arson of an occupied structure is a class 2 felony.
To clearly understand this statute, it is necessary to see how Arizona law defines key terms under ARS 13-1701. These terms are:
An “occupied structure” needs further clarification to identify what a “structure” is in the legal sense. Under the same definitions statute, a “structure” includes:
Once we understand what a “structure” is, we can see just how broadly ARS 13-1704 applies.
In popular knowledge, people think of it as setting fire to the home of someone else, possibly at night when that person is sleeping. But now it is possible to commit arson of an occupied structure by knowingly starting a fire in many kinds of occupied places, including a dwelling house, even when it is not occupied.
Arizona law recognizes different levels of arson, with arson of an occupied structure being the worst. Other forms of arson charges include:
ARS 13-1704 is a Class 2 felony.
The prison term for conviction of arson of an occupied structure depends on factors including whether the conviction is for a first offense, if you have a prior felony conviction, and whether anyone is seriously injured or killed in the arson incident. In this case, the crime can be considered a “dangerous” offense.
For a Class 2 felony first conviction, non-dangerous, the state prison sentencing range is:
While a first-time offender may technically be probation-eligible under A.R.S. § 13-901, courts rarely grant probation in cases involving occupied structures due to the danger to human life.
Some examples of aggravating circumstances can include endangering human life, using an accelerant to start the fire, or committing the arson as part of committing another crime.
Conviction for any felony offense in Arizona can also mean a fine of up to $150,000 and restitution to the victim.
If you have one historical prior felony conviction, the prison term for a non-dangerous Class 2 Felony increases:
If you have two or more historical prior felonies, the prison sentence you can receive for a Class 2 Felony increases still further to:
Under Arizona law, a “dangerous” offense includes one in which you intentionally or knowingly cause serious physical injury to another person. A “dangerous” offense conviction can result in enhanced penalties.
For example, if someone sets fire to an occupied dwelling with the intent to seriously injure another person, then arson of an occupied structure can be charged as a “dangerous” offense.
Convictions for “dangerous” offenses are not probation or parole-eligible.
If in a consolidated trial, a person is convicted of two or more acts of arson of occupied structures, either intending to or knowingly causing serious injury to another person, the sentence for the second such dangerous offense can range from 10.5 to 26.25 years.
For a third or subsequent conviction in such a case, the sentence increases to 15.75 to 35 years.
Arson of an occupied structure is a crime based on a person knowingly and unlawfully committing the criminal act. Consequently, common defenses to a charge for this kind of arson seek to cast reasonable doubt on whether the act was done knowingly and unlawfully.
For example, if you can show that you had no knowledge as to the starting of a fire, or there was no damage to property, this weakens a key element that the prosecution must prove to convict you.
Other possible defenses that may exist include mistaken identity of you as the alleged arsonist, or showing that the structure was not an “occupied structure,” (you may still be convicted of arson of a “structure,” but at least this carries a lesser sentence).
A conviction for arson of an occupied structure in Arizona is a very serious crime that can result in a lengthy prison sentence. Understanding arson laws can be a complicated matter, even for experienced lawyers. If you have been charged with this crime or any other charge under Arizona’s arson laws, AZ Defenders can represent you in your legal defense.
Our experienced arson defense attorneys will carefully examine the facts of the charges to identify any potential weaknesses in the prosecution’s case against you and develop a strong defense strategy.
Call us at (480) 456-6400 or use our contact form to schedule a free consultation and speak with one of our experienced Arizona criminal defense attorneys.