Third degree arson is one of the lesser arson charges in terms of punishment but still carries significant legal consequences. It typically applies to the unlawful burning of personal property, and it can result in felony charges. If you or someone you know is facing an arson charge, it’s important to understand what third degree arson means under Oklahoma law.
How Does Oklahoma Define Third Degree Arson?
Under 21 O.S. § 1403, third degree arson occurs when someone willfully and maliciously sets fire to, burns, or causes to be burned any personal property valued at $50 or more, without the owner’s consent. This includes property that belongs entirely to someone else, as well as jointly owned property.
In short, you can be charged if you burn another person’s personal property without their permission—even if it’s not real estate or a building.
Examples of Third Degree Arson
Some common situations that may result in third degree arson charges include:
- Setting fire to someone else’s vehicle
- Burning a pile of clothes or furniture during a dispute
- Intentionally torching shared property during a divorce or breakup
- Damaging another person’s belongings during an act of revenge
Even if the fire is small or doesn’t completely destroy the property, Oklahoma law considers the act of intentionally setting the fire a criminal offense if it meets the statutory requirements.
Possible Penalties
Third degree arson is classified as a felony in Oklahoma. If convicted, you may face:
- Imprisonment for up to 15 years
- Significant fines and restitution for property damage
- A permanent felony record, which can affect employment, housing, and gun rights
The actual sentence may vary depending on the value of the property, whether there were injuries, your criminal history, and other circumstances of the case.
Possible Defenses
If you are charged with third degree arson, several legal defenses may be available, including:
- Lack of intent (the fire was accidental or unintentional)
- Consent (the property owner gave you permission to burn it)
- Mistaken identity
- Insufficient evidence or unreliable witness testimony
An experienced criminal defense attorney can help evaluate the facts of your case and determine the strongest defense strategy.
Tulsa Arson Defense Attorneys
Arson charges—at any degree—are serious and can lead to lasting consequences. If you’re facing an arson investigation or are facing charges, it’s critical to act quickly. 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.