Arizona criminal charge
Aggravated criminal damage in Arizona
Aggravated criminal damage is a criminal offense under Arizona law, defined by A.R.S. § 13-1604. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1604.
What is the penalty for aggravated criminal damage in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 18 months to 36 months (Aggravated criminal damage — worship/school/cemetery, damage $10,000 or more — Damage of $10,000 or more resulting from actions described in subsection A, paragraph 1, 2 or 3.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated criminal damage — worship/school/cemetery, damage $10,000 or more — Damage of $10,000 or more resulting from actions described in subsection A, paragraph 1, 2 or 3.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Aggravated criminal damage — nonferrous metals theft infrastructure, damage $10,000 or more — Damage of $10,000 or more resulting from actions described in subsection A, paragraph 4.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated criminal damage — nonferrous metals theft infrastructure, damage $10,000 or more — Damage of $10,000 or more resulting from actions described in subsection A, paragraph 4.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Aggravated criminal damage — worship/school/cemetery, damage $1,500 to under $10,000 — Damage of $1,500 or more but less than $10,000 resulting from actions described in subsection A, paragraph 1, 2 or 3.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated criminal damage — worship/school/cemetery, damage $1,500 to under $10,000 — Damage of $1,500 or more but less than $10,000 resulting from actions described in subsection A, paragraph 1, 2 or 3.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Aggravated criminal damage — nonferrous metals theft infrastructure, damage $1,500 to under $10,000 — Damage of $1,500 or more but less than $10,000 resulting from actions described in subsection A, paragraph 4.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated criminal damage — nonferrous metals theft infrastructure, damage $1,500 to under $10,000 — Damage of $1,500 or more but less than $10,000 resulting from actions described in subsection A, paragraph 4.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Aggravated criminal damage — worship/school/cemetery, all other cases — Any other case (damage less than $1,500 or unspecified amount) resulting from actions described in subsection A, paragraph 1, 2 or 3.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated criminal damage — worship/school/cemetery, all other cases — Any other case (damage less than $1,500 or unspecified amount) resulting from actions described in subsection A, paragraph 1, 2 or 3.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Aggravated criminal damage — nonferrous metals theft infrastructure, all other cases — Any other case (damage less than $1,500 or unspecified amount) resulting from actions described in subsection A, paragraph 4.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated criminal damage — nonferrous metals theft infrastructure, all other cases — Any other case (damage less than $1,500 or unspecified amount) resulting from actions described in subsection A, paragraph 4.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 2.5 years.
How is aggravated criminal damage classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated criminal damage — worship/school/cemetery, damage $10,000 or more | Class 4 Felony | Damage of $10,000 or more resulting from actions described in subsection A, paragraph 1, 2 or 3. | A.R.S. § 13-1604B.1(a) |
| Aggravated criminal damage — nonferrous metals theft infrastructure, damage $10,000 or more | Class 3 Felony | Damage of $10,000 or more resulting from actions described in subsection A, paragraph 4. | A.R.S. § 13-1604B.1(b) |
| Aggravated criminal damage — worship/school/cemetery, damage $1,500 to under $10,000 | Class 5 Felony | Damage of $1,500 or more but less than $10,000 resulting from actions described in subsection A, paragraph 1, 2 or 3. | A.R.S. § 13-1604B.2(a) |
| Aggravated criminal damage — nonferrous metals theft infrastructure, damage $1,500 to under $10,000 | Class 4 Felony | Damage of $1,500 or more but less than $10,000 resulting from actions described in subsection A, paragraph 4. | A.R.S. § 13-1604B.2(b) |
| Aggravated criminal damage — worship/school/cemetery, all other cases | Class 6 Felony | Any other case (damage less than $1,500 or unspecified amount) resulting from actions described in subsection A, paragraph 1, 2 or 3. | A.R.S. § 13-1604B.3(a) |
| Aggravated criminal damage — nonferrous metals theft infrastructure, all other cases | Class 5 Felony | Any other case (damage less than $1,500 or unspecified amount) resulting from actions described in subsection A, paragraph 4. | A.R.S. § 13-1604B.3(b) |
Common questions about aggravated criminal damage in Arizona
Is aggravated criminal damage a felony or a misdemeanor in Arizona?
It depends on the circumstances: aggravated criminal damage ranges from a Class 6 Felony to a Class 3 Felony in Arizona under A.R.S. § 13-1604.
Aggravated criminal damage — worship/school/cemetery, damage $10,000 or more: Class 4 Felony (A.R.S. § 13-1604B.1(a)) · Aggravated criminal damage — nonferrous metals theft infrastructure, damage $10,000 or more: Class 3 Felony (A.R.S. § 13-1604B.1(b)) · Aggravated criminal damage — worship/school/cemetery, damage $1,500 to under $10,000: Class 5 Felony (A.R.S. § 13-1604B.2(a)) · Aggravated criminal damage — nonferrous metals theft infrastructure, damage $1,500 to under $10,000: Class 4 Felony (A.R.S. § 13-1604B.2(b)) · Aggravated criminal damage — worship/school/cemetery, all other cases: Class 6 Felony (A.R.S. § 13-1604B.3(a)) · Aggravated criminal damage — nonferrous metals theft infrastructure, all other cases: Class 5 Felony (A.R.S. § 13-1604B.3(b))
What are the penalties for aggravated criminal damage in Arizona?
Penalties for aggravated criminal damage in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 3 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers aggravated criminal damage?
Aggravated criminal damage is governed by A.R.S. § 13-1604 (Aggravated criminal damage; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.