Arson of an Occupied Structure Under ARS 13-1704

Arson of an Occupied Structure Under ARS 13-1704

Under the Arizona Revised Statutes (ARS) 13-1704, arson of an occupied structure is charged as a Class 2 felony, knowingly causing a fire or explosion in an occupied structure. This constitutional offense is knowingly setting fire to, or causing an explosion in, a building that is occupied or which may be reasonably occupied.

If you are charged with these offenses, you should know the law, the possible penalties, and what a strong defense will do for you. At Litwak Law Group, we provide the representation you need during this difficult time.

Understanding ARS 13-1704 and Key Legal Definitions

ARS 13-1704 defines a person as having committed arson of an occupied structure when the person knowingly and unlawfully sets a fire or causes an explosion in an occupied structure and damages it.

Understanding Arson Laws in Arizona

The purpose of Arizona’s arson laws is to prevent a person from reckless destruction of people or property through intentionally set fires. Those facing arson charges must understand these laws, as well as those who wish to keep themselves from committing arson. In Arizona, the act of knowingly and unlawfully damaging a structure or property by causing a fire or explosion is defined as arson. Properties involved can range from residential homes to commercial buildings, vehicles to wildlands.

Arson laws in parts of Arizona are broad-ranging and include multiple types of property and circumstances. The law is very clear – regardless of whether it’s a home, a business, or a vehicle – any act of arson is taken very seriously. These laws are meant to stop these dangerous activities by individuals and then to make sure those who do it face the appropriate cost. Knowing the details of these laws helps people understand just how bad an arson charge truly is and why it’s critical to follow prosecution standards.

Key definitions related to ARS 13-1704 include:

• Structure: As defined in ARS 13-1701, a person commits arson to a building, vehicle, watercraft, aircraft, or any object with sides and a floor that is used for lodging, business, transportation, recreation, or storage. In other words, Arizona law considers all things houses or buildings, including boats, cars, and even planes, as structures.
• Occupied structure: The term is used to denote any structure or place where there is, or maybe, one or more people. Such homes or buildings include homes or buildings that are temporarily vacant with the intent that they will be occupied by a human. That is why the risk is critical here: even if nobody is physically inside when the fire or explosion occurs, the structure is still considered “occupied.”
• Damage: Arizona law defines damage as any physical or visual impairment of a surface, whether minor or significant. This broad definition can encompass anything from burning a portion of the structure to causing substantial destruction.

Knowingly committing arson of an occupied structure under ARS 13-1704 means guilty if knowingly and unlawfully igniting a fire or causing an explosion in an occupied structure. So even if the owner of this house has set fire to the empty, vacant home, they could still be charged with arson of an occupied structure because the house is equipped for human habitation. Even if no one is present at the time of the fire, arson is a risk to life and is covered by this statute.

Arson of an occupied structure

Penalties for Arson of an Occupied Structure

The severe nature of the crime, the result in arson of an occupied structure, is a Class 2 felony. The most serious kind of arson is the arson of an occupied structure because of the direct threat to human life it represents.

Sentences are determined based on whether the defendant has prior felony convictions:

• First-time offenders: Decisions are made depending on whether the defendant has a history alone. In cases of first offenders, those sentences may range from 3 to 12.5 years in state prison and, in some cases, probation.
• One prior felony conviction: Those who are convicted receive prison terms that increase from 4.5 to 23 years.
• Two or more prior felony convictions: The sentences can be between 10.5 and 35 years in prison.

The penalties they face are so severe in hopes that folks won’t cause harm by fire or explosives, particularly in an occupied building where people could be in danger. If you are charged with this, you need to, of course, seek legal representation, but especially if you have past felony convictions, you are at risk for a long prison sentence, so you must have a legal representative.

Arson of an Occupied Structure vs. Other Types of Arson Charges

While ARS 13-1704 is one of the most serious arson-related charges, Arizona law includes other types of arson, each with a distinct classification and penalties.

Here’s how arson of an occupied structure compares with other arson offenses:

• Arson of a Structure or Property (ARS 13-1703) This statute applies to arson committed against an unoccupied structure. Arson is a Class 4 felony, Class 5 felony, or Class 1 misdemeanor, depending on the property value at the time of damage.
• Key Difference: This charge is different from arson of an occupied structure because no one is or is likely to be in the structure. Less immediate risk to human life often results in reductions in penalties.
• Reckless Burning (ARS 13-1702) Reckless burning is when a person recklessly causes a fire or explosion, and that fire or explosion damages something. This doesn’t require the intent to harm, like arson, it’s a charge for reckless behavior. It is a Class 1 Misdemeanor to recklessly burn.
• Key Difference: Burning recklessly doesn’t involve a deliberate intent to start a fire. It is a lesser charge than any arson offense.

Investigation and Prosecution

When a fire is set by arson, law enforcement and fire agencies investigate thoroughly to find the cause and fire origin of the incident. That can consist of gathering evidence, talking to witnesses, and examining the fire scene. If found guilty of arson, the perpetrator of that kind of incident may be charged. If the prosecution shows that an accused is guilty, they go to work building a case against the accused in the hope that the evidence can prove beyond a reasonable doubt that they are guilty. In Arizona, arson charges are anywhere from a misdemeanor to a felony based on how serious the offense was and the value of the property that was damaged.

The investigation into such a fire is thorough because often, it’s a fire investigator, a forensic person, or law enforcement officers trying to put together what happened before the fire. They’re going to be looking for signs of accelerants, patterns of burn, and indications that this has been intentionally set. When there is enough evidence, the case will be presented in court in the hope of a conviction. Arson charges are so serious that the prosecution’s case must be very strong and very convincing, with no place for the idea that there actually may be reasonable doubt.

Facing an arson charge in an occupied structure is daunting, but several potential defense strategies may apply to your case.

Building a Strong Defense

When you face the charges of arson in Arizona, you want to have a strong defense to protect your rights, and it does matter. If you have been arrested for arson, the likely outcome is a significant prison sentence unless you can prove your innocence in arson and find an experienced arson defense attorney to help you with your defense. That may involve challenging the evidence of the prosecution, pointing up to forensic flaws, and declaring your innocence. A good defense attorney can also negotiate with prosecutors, represent you in court, and do what they can to get your case the best possible result.

The first step to a strong defense is a solid understanding of your case, the evidence against you, and who will be your lawyers. Your attorney will review the prosecution’s case in excruciating detail, examining for lack of evidence or hard and fast evidence. They may bring in their own ‘expert’ witnesses to prove that the fire was not as the prosecution claims or to provide an alternative or additional explanation for the fire. What they want is to create reasonable doubt in jurors’ minds or to strike a good bargain of a plea deal that gets them off on the lowest possible fine. If you know what to do, you can resist and fight the charges and protect your future.

Some common defenses include:

• Lack of intent: The proof for charges of arson is that the defendant intentionally set the fire or explosion. Accidental fire can reduce or avoid charges being made.
• Mistaken identity: It is possible that there was an accusation of the wrong person in some cases – especially when there is no evidence or failing eyewitness testimony.
• Disproving the “occupied” status of the structure: There may even be cases where that structure will not be considered occupied or where the structure was not occupied long enough because it was boarded up or didn’t count as covered under the definition of ‘occupied.’ That may limit the severity of the charge.

That means that no two cases are alike, and it’s vital to prepare a thorough investigation in each case to pinpoint the holes in the prosecution’s case and a good defense.

Contact Litwak Law Group for Skilled Legal Defense

If you are facing charges under ARS 13-1704 for arson of an occupied structure, it’s essential to act quickly and secure the proper legal representation. Litwak Law Group is dedicated to providing compassionate, skilled defense for individuals charged with crimes in Arizona. Contact us today for a consultation to discuss your case and learn how we can assist you in building a solid defense.

If you are arrested for arson of an occupied structure, ARS 13-1704, you must take action fast and secure legal representation. The Litwak Law Group is dedicated to helping innocent people charged with crimes in our Arizona courts. For a consultation on your case, contact us today.

Conclusion

In Arizona, however, arson is a very serious crime and comes with very serious penalties if you are convicted. Given that understanding the laws and regulations around arson is important for those who wish to reduce these acts, but also for those before whom charges are being made, it is crucial to understand everything about arson. Facing arson charges is serious, but it’s crucial to have an experienced arson defense attorney on your side fighting for you and building a solid defense. Having the right representation can help you work through the complex process and ensure that no matter what, your case will end as close as possible to the best result.

An arson conviction can have serious consequences — including life — on your freedom, your reputation, and your future opportunities. Hence, it becomes a must to be serious with these charges, and no doubt there is a need to seek legal help immediately. With an experienced arson defense attorney by your side, you will be able to receive the guidance, support, and case management you need to be confident your case is being handled by someone who knows what they are doing. Don’t walk this journey alone, reach out now for free consultation, the first step in protecting your future against prosecution for arson.