While first degree arson gets most of the attention due to its connection to occupied buildings, second degree arson in Oklahoma is also a serious felony offense. It applies in cases where property is intentionally burned or damaged by fire, even if no one is present or injured. If you or someone you know is facing this charge, it’s important to understand how Oklahoma law defines this charge, what penalties apply, and what defenses may be available.
Oklahoma’s Definition of Second Degree Arson
Under 21 O.S. § 1402, second degree arson occurs when someone willfully and maliciously sets fire to, burns, or causes to be burned any structure, building, or property that has no occupants at the time of the fire.
The key elements of the crime include:
- The fire was intentional and malicious
- The structure or property was not inhabited or occupied when it was burned
- The property belongs to another person or has insurance
- The act was not justified or accidental
This can include abandoned homes, vacant commercial buildings, uninhabited barns, and sometimes even vehicles or machinery depending on the circumstances.
Examples of Second Degree Arson
Here are a few common scenarios that may lead to second degree arson charges:
- Setting fire to a vacant house or shed
- Burning a commercial building after hours to collect insurance
- Paying someone to torch a property for financial gain, even if no one was inside
Even if there are no injuries, prosecutors can still pursue a felony conviction.
Penalties for Second Degree Arson in Oklahoma
Second degree arson is a felony. If convicted, a defendant can face:
- 2 to 25 years in prison
- Significant fines and restitution to cover property damage
- A permanent felony record that affects employment, housing, and other rights
If the fire is for insurance fraud, additional criminal charges may apply. Courts also consider whether the fire endangered firefighters, nearby homes, or the general public.
Possible Defenses
If you’re facing charges of second degree arson, you still have the right to defend yourself. Common defenses include:
- Lack of intent – The fire was accidental or due to negligence, not willful or malicious
- Mistaken identity – The wrong person recieves accusations for the crime
- Insufficient evidence – The prosecution cannot prove how the fire started or who caused it
- Alibi or justification – The accused wasn’t present, or there was a lawful reason for the act (though rare)
Your defense strategy will depend on the facts of your case, the quality of the fire investigation, and any physical evidence available.
Tulsa Arson Defense Attorneys
A second degree arson charge is serious and can lead to prison time, even when there are no injuries. If you’re under investigation or are facing charges, 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.