4 Degrees of Arson in Oklahoma

Arson in Oklahoma: Destructive and Dangerous

defense lawyer for arson in oklahomaIn Oklahoma, arson is the act of deliberately and maliciously setting of fire or attempted setting of fire to property. 
 
Arson is a crime that can ruin people’s lives. It is destructive in the extreme, burning homes and other property, and sometimes killing animals and people. It is no wonder prosecutors are eager to pin the crime on someone when police hand them a suspect. 

Arson is a crime of stealth. Motives can include malice, boredom, mental illness and, sometimes, monetary gain. We all know the old story about burning down a decrepit building and collecting the insurance money. If prosecutors can imply a motive, they might stretch a jury’s imagination to erase doubts any reasonable person might otherwise hold. 

It can be easy for prosecutors to suggest motive for arson. Who has not argued with a housemate at least once? To an investigator, arguments plus fire can equal arson. Sometimes, a person sets a fire to cover up another crime, such as murder or robbery. Sometimes fires might be set for pure the thrill of it. Serial arsonists habitually and compulsively set fires. 

Arsonists  destroy homes,  cause death and ruins people’s lives — including those wrongly accused of an arsonists actions. Arson leaves victims, investigators and prosecutors hungry for justice, sometimes at the expense of truth. For the wrongly accused, the results can be as devasating as a fire was to victims of arson. For a person charged with arson in Oklahoma, a criminal defense attorney can be their last best hope. 

Classification of Crimes By Degree

Oklahoma is a jurisdiction that classifies crimes by degree. Crimes are classified according to severity, with the less severe classification getting a higher classification number and more severe crimes getting a lower number. A crime in the first degree is the most severe. This classification system has implications for such matters as sentencing and bail.

In Oklahoma, arson is classified as of the first, second, third, or fourth degree. At its core, arson is the intentional setting of a fire, with the intent to destroy a structure or its contents. It is always a felony in Oklahoma. Arson goes beyond the setting of the fire. It can also include aiding someone to set a fire, or hiring someone else to set the fire. It also includes setting a fire to defraud an insurer.

Arson in the First Degree

Arson in the first degree is the most serious. In Oklahoma, it is defined as the willful and malicious setting fire to, or burning, of any structure, in whole or part using an explosive device, accelerant, ignition device or something similar to start the fire at a time when the structure is inhabited by another person. It is a felony and is punishable by up to 35 years in prison and/or a fine of up to $25,0000. Okla. Stat. tit.21 § 1401.

Arson in the first degree also include fires set while manufacturing any controlled dangerous substance which destroys any part of a building while a person or persons are inside. This is the statute that covers such things as meth-amphetamine fires which are not set purposefully.

First degree arson also includes assisting in, procuring or otherwise causing first degree arson. What’s more, burning a person – although that terrible act might also be charged as murder or aggravated battery — is addressed as first-degree arson in Oklahoma

Arson in the Second Degree

Second degree arson is very similar to first degree arson. The only real difference between the two lies in the absence of a person or persons within a building at the time a fire is set..

If however, the property is usually used for lodging such as an apartment or hotel or any place that a person or persons lives, you can be charged with first degree arson even if the building was unoccupied at the time the fire is set. Arson in the second-degree is a felony punishable by either as much as 25 years in prison, fine of up to $20,000 or both. Okla. Stat. tit. 21 § 1402.

Arson in the Third Degree

In Oklahoma, arson in the third degree involves the burning of property which has a value of $50 or more by use of an explosive device. The property involved can include things like automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands, or any other property. It is a felony and is punishable by either a prison term up to 15 years, a fine of up to $10,000 or both. Okla. Stat. tit. 21 § 1403.

Arson in the Fourth Degree

Arson in the fourth degree is the attempted burning of property. The attempt can be done with any sort of accelerant, explosive device, or with plain matches. Fourth-degree arson is a felony offense punishable by either up to 10 years in jail in addition, a fine of up to $5000 or both. Okla. Stat. tit. 21 § 1404.

Oklahoma treats arson as a serious crime, imposing serious penalties. If convicted, you could spend years in jail, changing the trajectory of your life forever. Don’t wait. Call an experienced Tulsa defense lawyer today.

Free Consultation With a Tulsa Defense Lawyer

Get the legal help you need. Contact the Tulsa attorneys at the Wirth Law Office today. Your initial consultation is free. Call the Wirth Law Office at (918) 879-1681 (or toll free at (888) Wirth-Law) or submit the question form at the top right of this page.

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