Arson in Oklahoma Can Mean Long Prison Sentences

Arson in Oklahoma is a crime that can ruin lives.

Buildings, cars, and personal property are all subject to arson.

When an arson occurs, people can get hurt or die. It can be a terrible crime with terrible consequences for everyone.

Sometimes, arson is done for monetary gain — collecting collect insurance money can be a strong motivation.

However, there are also people who compulsively set fires. A compulsive arsonist sometimes just can’t help themselves.

And sometimes, a fire can cover up or destroy evidence of another crime.

First-Degree Arson in Oklahoma

Oklahoma law classifies arson according to the circumstances of the crime.

Arson in the first degree is defined as the willful and malicious setting fire to or burning of any structure, in whole or in part, using an explosive device, accelerant, ignition device, or something similar to start the fire at a time when the structure is inhabited by another person. It can include fires set accidentally while engaging in the manufacture of drugs such as methamphetamine.

The risk to human life and safety is high with first-degree arson. The crime is a felony and is punishable by up to 35 years in prison, or a fine of up to $250,000, or both. Okla. Stat. tit. 21 § 1401

A prosecutor must prove that the setting of the fire was both willful and malicious in order to secure a conviction. Courts have interpreted “willful” to mean intentional.

Second-Degree Arson

Second-degree arson involves a fire set in a building which is uninhabited at the time of the fire. Here the risk to human life and safety is significantly lowered.

The crime is still a felony and is punishable by up to 25 years in prison, or a fine of up to $20,000, or both. Okla. Stat. tit. 21 § 1402

There is an exception to the law in regard to arson in the second degree. If the property is one that is usually used to lodge people or if a person lives in the building, the crime is charged as arson in the first degree — even if the building was unoccupied at the time the fire was set. The building here could be an empty hotel or apartment building, or the like.

Third-Degree Arson in Stillwater

In Oklahoma, arson in the third degree is the burning of property valued at $50 or more by the use of an explosive device. This crime usually involves cars, trucks, crops, pasture land, or similar types of property.

Third-degree arson in Stillwater is a felony crime. It is punishable by up to 15 years in prison, or a fine of up to $10,000, or both. Okla. Stat. tit. 21 § 1403

Like all arson charges, the prosecution must prove that the setting of the fire was willful and malicious.

It is also a crime to willfully and maliciously set fire to or burn any building or personal property to collect insurance money, regardless of the value of the property burned.

Attempted Arson

Even the attempt to burn property is a felony known as arson in the fourth degree. It is punishable by up to 10 years in prison, or a fine of up to $5,000, or both. Okla. Stat. tit. 21 § 1404

Making plans to commit arson is sufficient to secure a conviction under this statute.

Here are the elements of the crime:

willful and malicious;
placing or distributing;
any flammable, combustible, or explosive material or device;
in any building or its contents, or any property that is insured, or in or on any personal property worth $50 or more;
by arranging or preparing, with the intent to burn or procure the burning of the property; and
these acts were performed or procured by the defendant.

An arson conviction could change the course of your life. If you are facing arson charges, do not wait; call an experienced Stillwater criminal defense attorney today.