An arson charge in Tulsa, Oklahoma is divided into four degrees, all of which are felonies that carry serious penalties such as large fines and lengthy jail sentences. The location and type of property and the defendant’s intent are important in determining which degree of arson will be charged.
It is irrelevant to an arson charge in Tulsa whether the fire was set on a property owned by the alleged arsonist, someone else’s property, or what time of day it took place.
First-Degree Arson Charge in Tulsa
In order to secure a conviction of a first-degree arson charge in Tulsa, the prosecutor must prove each of the following elements beyond a reasonable doubt:
- a willful and malicious;
- setting fire to, burning, destroying in whole or in part (by use of any explosive device or substance including any accelerant, ignition device, heat-producing device, or substance; or while manufacturing or attempting to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63)
- an inhabited or occupied building or structure
- caused, aided, counseled, procured by the defendant.
Okla. Stat. tit. 21 § 1401
Also, if the defendant aids, counsels, or procures the burning of a property, he can be convicted of first-degree arson in Oklahoma.
Penalties
A conviction of first-degree arson is punishable by a fine of $25,000 and 35 years imprisonment.
Second-Degree Arson Charge in Tulsa
Second-degree arson in Oklahoma is defined as:
- a willful and malicious;
- setting fire to, burning, destroying in whole or in part (by use of any explosive device or substance; or while manufacturing or attempting to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63)
- an uninhabited or unoccupied building or structure
- caused, aided, counseled, procured by the defendant.
Penalties
Arson in the second degree is a felony crime. It is punishable by a fine of $20,000, imprisonment for 25 years, or both. Okla. Stat. tit. 21 § 1402
Third-Degree Arson Charge in Tulsa
Third-degree arson in Tulsa is defined as:
- a willful and malicious;
- setting fire to, burning, destroying in whole or in part by use of any explosive device or substance;
- any real or personal property valued at $50 or more; caused, aided, counseled, or procured by the defendant.
Okla. Stat. tit. 21 § 1403
Arson in the third degree specifically includes automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, and forest lands as property. In addition, proving the above elements of arson with intent to injure or defraud an insurer is also third-degree arson in Oklahoma.
Penalties
A third-degree arson charge in Tulsa is punishable by a fine up to $10,000 and up to 15 years in prison.
Fourth-Degree Arson Charge in Tulsa
Fourth-degree arson in Oklahoma is defined as:
- willfully and maliciously
- attempting to set fire to or burn or attempting to burn by use of any explosive device or by placing or distributing combustible material or device in any building or property
- with intent to burn.
Penalties
A fourth-degree arson charge in Tulsa is punishable by a fine of up to $5,000, 10 years in prison, or both. Okla. Stat. tit. 21 § 1404
Free Consultation: Tulsa Criminal Defense Attorney
If you or someone you know is facing an arson charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at Wirth Law Office – Tulsa today, by calling 918-756-9600 or toll free at 1-888-447-7262.
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