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An Oklahoma arson defense attorney represents individuals accused of arson related offenses such as first, second, third, and fourth degree arson. An arson defense attorney defends clients who are accused of intentionally setting fires, burning property such as buildings, vehicles or land, and potentially causing personal injury or death. The criminal attorneys at the Law Offices of Adam R. Banner provide specific legal functions to assist in their clients defense such as investigating fire causes, challenging forensic evidence, evaluating the intent of the accused, protecting their client's rights, and negotiating or litigating outcomes with the prosecution. The punishments for arson include prison time, fines, or both. Punishments vary based on the degree of arson charged.
First degree arson involves the intentional and malicious setting of a fire or use of an explosive that results in the complete or partial burning or destruction of a building or its contents while the structure is inhabited or occupied. Arson in the first degree is the most serious form of arson because of the danger to human life. The most important element of first degree arson is intent. The fire must be started on purpose rather than by accident or mistake. If there is no evidence that people were present in the building at the time of the fire, the offense may instead be charged at a lower degree.
First degree arson charges may also be charged when a person is engaged in the unlawful manufacture or attempted manufacture of a controlled substance and that activity leads to the burning or destruction of an occupied structure. The law treats these situations as especially dangerous because the risk extends beyond property damage. Human safety becomes the central concern.
The offense can also apply when a fire started in a building causes injury or burns another individual. Criminal liability is not limited to just the person who physically starts the fire. Someone who assists in planning, encouraging the act, or helping create the conditions for the fire can also be charged. When a death occurs as a result of the fire, prosecutors may pursue additional or more severe charges such as manslaughter or murder.
First degree arson is a Class A3 felony that includes prison sentences that range from 5 to 30 years, depending on the defendant’s past criminal record, with an additional fine of up to twenty-five thousand dollars ($25,000). First degree arson is charged when a person burns an occupied structure or sets fire to another person. A defendant with no prior felony convictions faces a sentencing range of 5 to 30 years. A defendant with 1 or 2 prior non violent felony convictions faces a sentencing range of 10 to 40 years. A defendant with a serious prior felony or 3 or more non violent felony convictions faces a sentencing range of 15 to 50 years. First degree arson is designated as a violent crime under Oklahoma law, which requires the defendant to serve at least 85 percent of any imposed sentence before becoming eligible for parole. Oklahoma law also requires the trial judge to inform the jury that the 85 percent time served requirement will apply to any prison sentence they impose.
The table below shows the sentencing ranges for a conviction on charges of first degree arson in Oklahoma.
Second degree arson under Oklahoma law is a felony offense that occurs when a person willfully and maliciously sets fire to or burns a structure that is occupied by one or more people, or when a person intentionally sets fire to another human being, creating a direct and substantial risk to human life. Oklahoma defines this offense as the most serious form of arson because the defining element is danger to people rather than damage to property. The offense applies when the structure is actually occupied or when the offender knows, or reasonably should know, that a person is present at the time of the fire. Oklahoma law requires proof of intent, meaning the burning must be deliberate and malicious rather than accidental or negligent, and the statute focuses on houses, apartments, commercial buildings, and other structures capable of human occupancy. First degree arson is classified as a Class A3 felony and carries severe prison sentences, substantial fines, and mandatory violent crime consequences under Oklahoma sentencing law.
The sentence for second degree arson in Oklahoma ranges from 0 to 25 years in prison, depending on the defendant’s prior convictions, with a possible fine of up to 20,000 Dollars. Second degree arson applies when a person willfully and maliciously burns an unoccupied building or structure and is classified as a Class B2 felony under Oklahoma law. A defendant at Level 1 faces a sentencing range of 0 to 15 years, a defendant at Level 2 faces a range of 0 to 20 years, and a defendant at Level 3 faces a range of 0 to 25 years, which now represents the maximum sentence due to statutory changes that removed the former life sentence enhancement. Second degree arson is not classified as an 85 percent violent crime, but it is a high level felony that requires the defendant to serve at least 50 percent of the imposed sentence before becoming eligible for parole.
The table below shows the sentencing ranges for a conviction on charges of second degree arson in Oklahoma.
Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning of any property whatsoever, including automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands, or any other property not herein specifically named, such property being worth not less than Fifty Dollars ($50.00), whether the property of himself or another, shall be guilty of arson in the third degree, and upon conviction thereof shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) or be confined in the State Penitentiary for not more than fifteen (15) years.
Any person who willfully and maliciously, and with intent to injure or defraud the insurer, sets fire to or burns or by use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels, or procures the burning or destruction of any building, property, or other chattels, whether the property of himself or another, which shall at the time be insured against loss or damage by fire or explosion, shall be guilty of arson in the third degree, and upon conviction thereof shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or be confined in the State Penitentiary for not more than fifteen (15) years or both. Arson in the third degree is a felony.
Any person who willfully and maliciously attempts to set fire to or burn or attempts by use of any explosive device or substance to destroy in whole or in part, or causes to be burned or destroyed, or attempts to counsel or procure the burning or destruction of any building or property mentioned in Sections 1401, 1402 or 1403 of this title shall be guilty of arson in the fourth degree, and upon conviction thereof shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or be confined in the State Penitentiary for not more than ten (10) years or both.
The placing or distributing of any flammable, explosive or combustible material or substance or any device in any building or property, in an arrangement or preparation with intent to eventually willfully and maliciously set fire to or burn or to procure the setting fire to or burning of same, shall for the purposes of this section constitute an attempt to burn such building or property, and shall be guilty of arson in the fourth degree, and upon conviction thereof shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or be confined in the State Penitentiary for not more than ten (10) years, or both. Arson in the fourth degree is a felony.
If you or a loved one has been charged with arson in Oklahoma, time is of the essence. You need an experienced Oklahoma criminal defense arson attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.
