In Oklahoma, arson and its degrees is defined as the willful and malicious burning of a building, structure, or property. The severity of the crime and its classification into degrees depend on various factors. This includes the extent of damage, the presence of individuals in the structure, and the intent behind the act. Arson as a crime in Oklahoma is very serious and can land the accused in jail for an extended time. The thing about arson and its degrees is that because it has several different degrees this can lead to the government over charging it. Here are the degrees of arson in Oklahoma:
- First-Degree Arson: This is the most serious degree of arson and typically involves intentionally setting fire to an inhabited dwelling or any building where people are likely to be present. It also includes setting fire to any structure with the intent to cause serious bodily harm or death to another person. First-degree arson is a felony offense in Oklahoma and carries severe penalties.
- Second-Degree Arson: Second-degree arson involves intentionally setting fire to any building, structure, or property not covered by first-degree arson. This includes uninhabited dwellings, commercial buildings, and other structures. Second-degree arson is also a felony offense, but Oklahoma considers it less severe than first-degree arson.
- Third-Degree Arson: Third-degree arson encompasses the willful and malicious burning of any personal property, not covered by first or second-degree arson. This may include vehicles, boats, or other personal belongings. Oklahoma might charge third-degree arson as a misdemeanor in Oklahoma, but it can escalate to a felony if certain aggravating factors are present.
Felony Arson Charges in Oklahoma
Felony arson charges apply to both first degree and second degree arson. Third and Fourth degree are also felony charges, but third degree can be a misdemeanor charge. First and second degrees are by far the most severe and can end in significant DOC time if convicted. Like with other crimes the person who receives the charge must show to have the intent to commit the crime of arson. The crime must happen with malice and the intent to cause serious harm or death. The sentencing depends on how serious the damage actually is. Other factors that impact sentencing involve a prior criminal history on the part of the person convicted of arson. The statutory reference for first degree arson in Oklahoma is Title 21 Sec. 14. The range of sentencing is not to exceed 35 years in prison with significant fines and costs.
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Tulsa Arson Lawyers Near You
If you receive a charge of arson in Oklahoma, you are facing a very serious crime. Its important that you get in front of the charges. This is done using every possible defense available under the law. Like any other crime that has degrees its not uncommon for the district attorney to over charge the crime. Its our job to advance each and every defense you have and fight to get the case dismissed or reduced. Get a Free consultation with the attorneys at Tulsa Criminal Lawyers Law Firm by calling us at 918.416.0358 or you can click here to ask a free criminal defense question online.