Arizona criminal charge
Discharging a firearm at a structure in Arizona
Discharging a firearm at a structure is a criminal offense under Arizona law, defined by A.R.S. § 13-1211. 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. § 13-1211.
What is the penalty for discharging a firearm at a structure in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Discharging a firearm at a residential structure — A person knowingly discharges a firearm at a residential structure.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (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 (Discharging a firearm at a residential structure — A person knowingly discharges a firearm at a residential structure.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Discharging a firearm at a nonresidential structure — A person knowingly discharges a firearm at a nonresidential structure.; 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 (Discharging a firearm at a nonresidential structure — A person knowingly discharges a firearm at a nonresidential structure.; 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 5 years.
How is discharging a firearm at a structure classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Discharging a firearm at a residential structure | Class 2 Felony | A person knowingly discharges a firearm at a residential structure. | A.R.S. § 13-1211A |
| Discharging a firearm at a nonresidential structure | Class 3 Felony | A person knowingly discharges a firearm at a nonresidential structure. | A.R.S. § 13-1211B |
Common questions about discharging a firearm at a structure in Arizona
Is discharging a firearm at a structure a felony or a misdemeanor in Arizona?
It depends on the circumstances: discharging a firearm at a structure ranges from a Class 3 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-1211.
Discharging a firearm at a residential structure: Class 2 Felony (A.R.S. § 13-1211A) · Discharging a firearm at a nonresidential structure: Class 3 Felony (A.R.S. § 13-1211B)
What are the penalties for discharging a firearm at a structure in Arizona?
Penalties for discharging a firearm at a structure in Arizona depend on how it is classified — from a Class 3 Felony up to a Class 2 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 discharging a firearm at a structure?
Discharging a firearm at a structure is governed by A.R.S. § 13-1211 (Discharging a firearm at a structure; classification; definitions).
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.