Arson in Oklahoma City is a serious crime. It carries severe penalties on conviction. You could end up spending a long time in prison as well as pay hefty fines if convicted.
Defining Arson in Oklahoma City
There are four degrees of arson. Each type is a felony in Oklahoma City.
The worst charge is first-degree arson. The following factors do not determine the degree of arson you can be charged with.
- Who owns the property, whether it belongs to the defendant or someone else.
- The time of the day the act of arson was committed.
The degree of arson a defendant is charged with is determined by the following,
- The location of the property burned.
- The type of property burned.
- The intent of the arsonist.
The prosecutor must prove the following elements beyond a shadow of doubt in an arson charge of any degree to get a conviction.
- That there was a willful and malicious setting on fire and burning, destroying wholly or in part by use of any explosive device or substance, or while manufacturing or attempting to produce a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63.
- There must be property or properties that were set ablaze, or an attempt was made.
- That the alleged arsonist caused, aided, counseled, procured the act.
Here are brief descriptions of the four degrees of arson in Oklahoma City.
First-Degree Arson
Arson in the first degree is the worst arson charge that can be brought against a defendant. It is defined as the setting on fire to a structure in whole or in part using anything such as an ignition device, accelerant, or an explosive device when there is someone within. It also includes assisting in, causing, or otherwise procuring the unlawful burning of a structure.
Burning a person is considered first-degree arson in Oklahoma City. However, such an act may be charged as murder or aggravated battery,.
Setting on fire a structure that usually houses people such as an apartment block, a hotel, or lodging house is charged as first-degree arson even if there was no one in the building when the fire was lit.
First-degree arson includes fires set unintentionally such as when manufacturing explosive substances such as methamphetamine.
Second-Degree Arson
Arson in the second degree is the same as first degree, only that there was no one in the building when it was set on fire.
Third-Degree Arson
Third-degree arson involves burning of property valued at $50 or more by use of an explosive device. The property can be anything such as vehicles, trailers, trucks, boats, forest land, pastureland, standing farm crops, etc.
Fourth-Degree Arson
Arson in the fourth degree refers to an attempted burning of property using matches, accelerant, or an explosive device.
Penalties for Arson in Oklahoma City
Oklahoma City treats arson very seriously and metes out harsh punishments on conviction.
First-degree arson is a felony that carries severe penalties of up to 35 years in prison, a fine of up to $25,000, or both. Okla. Stat. tit. 21 § 1401
Second-degree arson carries a penalty of up to 25 years in prison, a $20,000 fine, or both. Okla. Stat. tit. 21 § 1402
Third-degree arson is punishable by a prison term of up to 15 years, a $10,000 fine, or both. Okla. Stat. tit. 21 § 1403
Fourth-degree arson is punishable by up to 10 years in prison, a fine of up to $5,000, or both.
Get Help
You could get convicted of arson if you do not seek expert legal representation. Prosecutors stretch a jury’s imagination by implying a motive on a defendant to secure a conviction. The motives for arson include monetary gain, mental illness, boredom, or malice.
Sometimes, the motivation implied may be to cover up for another crime. Or the implied motive could be to get a thrill, as in the case of habitual or serial arsonists. If the police and prosecutor can find a motive, they can wrongly charge you with arson.
When such motives are implied, it is easy for a prosecutor to secure a conviction. Fires are destructive to lives and property. Everyone involved wants to see the perpetrator caught and convicted.
The police and prosecutor are usually under pressure to find and punish the arsonist. In many instances, an alleged arsonist happens to be the one who appears to have had a motive, even if they are otherwise innocent.
If you are facing arson charges, you will do well to get yourself an Oklahoma City criminal defense attorney. Only an experienced lawyer has the expertise and knowledge to represent you in court as you face a determined prosecutor. Don’t become the victim of the stern Oklahoma justice system after a fire happens, and all involved parties want to blame someone.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
If you prefer, you may send your question using the contact form at the top right side of this page.