Arson is the intentional setting of a fire, with the intent to destroy a structure or its contents. It is always a felony in Oklahoma. Arson in Wagoner, Oklahoma can be classified as of the first, second, third or fourth degree. In order to be found guilty, you need to have either set the fire, have aided in the setting of the fire, or procured the services of someone else to set the fire. The crime of arson includes setting a fire to defraud an insurer.
Arson: A Matter of Degree
All degrees of arson are felonies in Oklahoma, but there are differences in sentences and the severity of each type of crime. Arson of the first degree can be defined as the willful and malicious setting fire to any structure using an explosive device, accelerant, ignition device or the like, at a time when the structure is inhabited by another person. Arson in the first degree also includes fires that occur in the process of manufacturing or endeavoring to manufacture a controlled dangerous substance. This includes meth lab explosions and fires. It is a felony and is punishable by as many as 35 years in prison. And you could be fined as much as $25,0000. Okla. Stat. tit. 21 § 1401.
Second degree arson is similar. The main difference is that in second degree arson, the structure is unoccupied at the time the fire is set. If however, the property is one that is usually used for lodging, such as a hotel, apartment building or the like, you can be charged with first degree arson even if the building was unoccupied at the time the fire is set. This also includes intentional attempts to defraud an insurer through the setting of a fire to any building, property or other personal property. It is a felony punishable by as many as 25 years in prison. And you could be fined as much as $20,000. Okla. Stat. tit. 21 § 1402.
Arson in the third degree involves the burning of property – with a value of $50 or more – by use of an explosive device. That property can include but is not limited to automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands or any other property. However, this does not include any sort of building or structure. It is punishable by as many as 15 years in prison. And you could be fined as much as $10,000. Okla. Stat. tit. 21 § 1403.
Fourth degree arson is the attempted burning of property. It too, is a felony offense and is punishable by as many as 10 years in prison. And you could be fined as much as $5,000. Okla. Stat. tit. 21 § 1404.
If you endanger the life of any emergency service personnel as a result of the arson, you may also be convicted of a felony and punished by a jail term from as little as three years to as many as 10 years. And you could be fined as much as $10,000. If injury actually results, you could face a jail term of not less than 7 years.
A felony conviction will change the course of your life. Prison sentences are long. Don’t wait. Call an experienced Wagoner felony defense attorney today.
Call For Your Free Consultation With An Experienced Felony Defense Attorney
If convicted of this crime in Oklahoma, you could years in prison. It is critical that you hire an experienced Wagoner, Oklahoma criminal defense attorney to protect your freedom. Call us today for a free consultation with a Wagoner felony defense attorney. Call the Wirth Law Office-Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law. Or as always, you may enter a legal question in the form at the top of this page and one of our attorneys will get right back to you.