Bail Questions • Charges and Penalties • Arizona
What Are the Types of Arson Charges in Arizona?
Arizona has five arson charges: reckless burning, arson of a structure or property, arson of an occupied structure, arson of a jail, and wildland burning.
Quick answer
Arizona has five arson charges: reckless burning, arson of a structure or property, arson of an occupied structure, arson of a jail, and wildland burning. They range from a class 1 misdemeanor for reckless burning to a class 2 dangerous felony for burning an occupied structure, which carries mandatory prison and high bail.
Reckless burning and arson of a structure or property
Reckless burning under A.R.S. 13-1702 is recklessly causing a fire or explosion that damages an occupied structure, a wildland or property. It is a class 1 misdemeanor. It is the charge for the bonfire that spread, the cigarette in the dumpster, the fireworks that caught a fence.
Arson of a structure or property under A.R.S. 13-1703 is knowingly and unlawfully damaging a structure or property by causing a fire or explosion. The statute grades it by what burned and its value: a class 4 felony for a structure; for property, a class 5 or class 6 felony depending on value; and a class 1 misdemeanor when the property damage is under $100. Intent separates this from reckless burning, and whether the state can prove intent is a question for a defense attorney.
Arson of an occupied structure, a jail, and wildlands
Arson of an occupied structure under A.R.S. 13-1704 is a class 2 felony. The statute defines an occupied structure broadly: any structure where a person is present or could reasonably be expected to be present, which includes a home even when nobody is inside. It is classified as a dangerous offense, which means the statute provides mandatory prison on conviction.
Arson of an occupied jail or prison facility under A.R.S. 13-1705 is a class 4 felony and applies to fires set inside a detention facility. Burning of wildlands under A.R.S. 13-1706 ranges from a class 1 misdemeanor to a class 3 felony depending on whether the fire was intentional, reckless or set in violation of fire restrictions. Fire restriction season in Arizona makes this charge common after campfires and target shooting.
Bail for an arson arrest in Maricopa County
Bail follows the class. Reckless burning and misdemeanor property arson often see release on the person's own recognizance or a bond of a few hundred to a few thousand dollars. Arson of a structure, a class 4 felony, commonly draws a bond in the thousands to tens of thousands. Arson of an occupied structure is a dangerous class 2 felony, and bail is high, often tens of thousands to $100,000 or more, because the judge weighs the risk to life under A.R.S. 13-3967.
The initial appearance within 24 hours is where the amount is set. The agent confirms it on the court record, checks for holds, and posts at the 4th Avenue Jail Bond and Fine Room. Larger bonds may require collateral; see large bail bonds and felony bail bonds. The premium follows the filed rate, typically 10%.
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Related Questions
Is arson a felony in Arizona?
Most forms are. Arson of a structure is a class 4 felony, arson of an occupied structure a class 2 felony, and arson of a jail a class 4 felony. Reckless burning and arson of property under $100 are class 1 misdemeanors. Wildland burning ranges by intent.
What is the penalty for arson of an occupied structure in Arizona?
A.R.S. 13-1704 classifies it as a class 2 felony and a dangerous offense, which the statute provides carries mandatory prison. The exact range depends on priors. Restitution for the damage is ordered. A defense attorney can explain what applies to a specific case.
What is the difference between arson and reckless burning?
Intent. Arson under A.R.S. 13-1703 and 13-1704 requires knowingly and unlawfully causing the fire. Reckless burning under A.R.S. 13-1702 covers a fire started recklessly without intent to damage, and is a class 1 misdemeanor. The same fire can be charged either way depending on the evidence.
Can you be charged with arson for burning your own property?
Yes, in some situations. Burning your own property to collect insurance, or in a way that damages someone else's structure or endangers people, can be charged as arson or reckless burning. An attorney can explain how ownership affects a specific charge.
How much is bail for arson in Arizona?
It depends on the type. Misdemeanor reckless burning is often own recognizance or a low bond. Felony arson of a structure commonly runs thousands to tens of thousands, and arson of an occupied structure often reaches $100,000 or more. Call One Stop Bail Bonds any hour and an agent will walk you through it.