Among the different degrees of arson, first degree arson is the most severe. Arson is one of the most serious property crimes under Oklahoma law, and a conviction can lead to years in prison—even for a first offense. If you or someone you know is facing this charge, it’s important to understand how Oklahoma defines the offense, what the prosecution must prove, and what potential penalties apply.
Oklahoma’s Definition of First Degree Arson
Under 21 O.S. § 1401, a person commits first degree arson in Oklahoma when they willfully and maliciously set fire to or cause an explosion in any of the following situations:
- A dwelling (residence) where someone is present
- Any building or structure that is occupied by one or more people
- Any building with the intent to defraud an insurance company
This includes not just houses and apartments, but also businesses, hotels, hospitals, schools, or any other structure where people may be present at the time.
Key Elements the Prosecutor Must Prove
To convict someone of first degree arson, the state must prove:
- The fire or explosion was intentional (not accidental)
- The act was malicious or willful, which means there was intent or reckless disregard
- The structure was occupied or used as a dwelling at the time
- The defendant set or caused the fire or explosion
- In insurance fraud cases, that the defendant intended to deceive the insurer
A person does not have to be physically present to commit arson, for example, using a timed device or hiring someone to commit the act still qualifies.
What Are the Penalties for First Degree Arson in Oklahoma?
First degree arson is a felony in Oklahoma and is punishable by:
- Up to 35 years in prison
- Fines, court costs, and restitution to victims
- A felony record, which can affect employment, housing, and firearm rights
If someone is injured or killed in the fire, additional charges—such as assault, manslaughter, or murder—may also apply.
How Do Officials Investigate First Degree Arson?
Arson investigations typically go through local fire departments, law enforcement, and insurance investigator, who often work with specialized fire investigators trained to identify:
- Accelerants (such as gasoline)
- Burn patterns
- Points of origin
- Surveillance footage
- Witness statements
If there are suspicions of fraud, investigators will also examine financial records, recent insurance policies, and motive.
Defenses to First Degree Arson Charges
If you’re facing a first degree arson charge, you still have the right to defend yourself. Common legal defenses include:
- Lack of intent: The fire may have been accidental or caused by faulty wiring or heating.
- Mistaken identity: You may have been wrongfully accused based on circumstantial evidence.
- Insufficient evidence: The prosecution must prove its case beyond a reasonable doubt.
- False allegations: Especially in insurance fraud cases, someone may falsely accuse you for personal gain.
Your attorney may also challenge how investigators handled evidence or whether your constitutional rights were violated.
Tulsa Arson Defense Attorneys
First degree arson is a serious crime with life-altering consequences. If you’re under investigation or have been charged, it’s critical to act fast. If you need help, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.