An Oklahoma arson defense attorney represents individuals accused of arson-related offenses, including first, second, third, and fourth-degree arson. An arson defense lawyer specializes in defending clients accused of intentionally setting fires, damaging property such as buildings, vehicles, or land, or causing injury or death. Criminal attorneys at Phillips & Associates defend the constitutional rights of their clients by investigating fire causes, challenging forensic evidence, evaluating intent, and negotiating or litigating with the prosecution. Arson penalties include prison time, fines, or both, depending on the degree of the charge.

What Arson Charges do We Defend?

The criminal defense attorneys at Phillips & Associates defend clients facing charges for first, second, third, and fourth degree arson. The arson-related charges we fight on behalf of our clients are listed below.

• First Degree Arson
• Second Degree Arson
• Third Degree Arson
• Fourth Degree Arson

The degrees of arson in Oklahoma are differentiated by the type of property that is burned and the risk to human life. First degree arson is the most severe as it involves an occupied dwelling or structure.

First Degree Arson

First degree arson is charged when a person willfully and intentionally sets fire to a person or an occupied building or when a person causes a fire in an occupied building while manufacturing or attempting to manufacture a controlled dangerous substance (CDS). Acts of arson include setting fire and burning or causing the destruction of property through the use of an "explosive device, accelerant, ignition device, heat-producing device, or substance."

The sentence for first degree arson under 21 O.S. § 1402 is imprisonment for not less than two (2) years and not more than twenty-five (25) years. This offense is classified as a Class B2 felony, and the court may also impose a fine of up to Ten Thousand Dollars ($10,000.00). A first offense does not require a mandatory minimum percentage of time to be served, and any enhanced punishment for repeat offenders is controlled by general felony enhancement statutes rather than a structured ROP percentage system.

Second Degree Arson

Second degree arson is the willful and malicious burning of any building, structure, or property of another individual that does not fall within the definition of first degree arson. Second degree arson charges include situations in which the property is not occupied or when no person is present at the time of the fire.

The sentence for second degree arson under 21 O.S. § 1402 is a term of imprisonment ranging from two (2) years to twenty-five (25) years. This offense is classified as a Class B2 felony, and the court may also assess a fine of up to Ten Thousand Dollars ($10,000.00). A first-time conviction does not require a mandatory minimum percentage of the sentence to be served.

Third Degree Arson

Third degree arson is the intentional and malicious burning of property other than buildings valued at $50 or more, including vehicles, crops, pastures, forest land, and more. It is also considered arson in the third degree if a person burns a building or property with the intent to commit insurance fraud.

The sentence for third degree arson under 21 O.S. § 1403 depends on the subsection charged. Under subsection A, the offense is a Class C1 felony punishable by up to eight (8) years of imprisonment and a fine not exceeding Ten Thousand Dollars ($10,000.00). A first offense requires service of at least twenty-five percent (25%) of the sentence. A second offense with one or two prior Class C or D felonies carries a range of two (2) to twelve (12) years and also requires service of at least twenty-five percent (25%). A second or subsequent offense with three prior Class C or D felonies or one or more prior Class Y, A, or B felonies is punishable by two (2) to thirty (30) years, with a requirement to serve at least fifty percent (50%) of the sentence.

Under subsection B, third degree arson is classified as a Class B3 felony and is punishable by imprisonment for not less than two (2) years and not more than fifteen (15) years, along with a possible fine of up to Ten Thousand Dollars ($10,000.00). A first offense under this subsection does not require a mandatory minimum percentage of time served.

Fourth Degree Arson

Arson in the fourth degree is the attempt to set a fire or cause property to burn, or the placing of an incendiary device or flammable material in any building with the intent to cause a fire or the burning of the property. Attempted arson is charged as fourth degree arson.

The sentence for fourth degree arson under 21 O.S. § 1404 is confinement in the county jail for up to one (1) year. This offense is classified as a misdemeanor, and the court may also impose a fine of up to Five Hundred Dollars ($500.00). There is no required minimum percentage of the sentence that must be served.

Bombing

Codified in 21 O.S. § 1767.1, bombing is considered "malicious mischief," a term which seems to minimize the serious nature of the offense. Mischief seems to imply the general troublemaking of teens with non-injuries firecrackers or stink bombs, but these acts are not penalized by the statute. More than simply mischievous, bombing is destructive and violent and can lead to critical injury or death.

Bombing, attempted bombing, and bomb threats are felony offenses. Specific prohibited acts include:

• Placing an explosive or incendiary device on, in, under, against, or near a building, vehicle, or mode of transportation with the unlawful intent to damage or destroy the structure
• Placing an explosive or incendiary device with the intent to damage or destroy the structure when such an act would endanger human life or safety
• Destroying or damaging property or causing bodily injury by detonating an explosive device or igniting an incendiary device
• Possessing, manufacturing, selling, or transporting any explosive or its component parts, an incendiary device, or a simulated bomb with the knowledge and intent that it will be used illegally to damage property or to kill, injure, or intimidate a person
• Placing any explosive, incendiary device, simulated bomb, or foul, poisonous, or injurious substance in or near a building, structure, or method of transportation with the intent to damage property or injure, bother, or coerce a person
• Using an explosive or incendiary device to injure or damage or attempt to injure or damage a person or property
• Making a bomb threat
• Manufacturing, selling, delivering, mailing, or sending an explosive, incendiary device or simulated bomb
• Possessing, displaying, or threatening to use an explosive, incendiary device, or simulated bomb in the commission of a felony

Legal Defense for Arson Charges in Oklahoma

Legal defense for those facing arson charges in Oklahoma include challenging intent, disputing the cause and origin of the fire, challenging expert testimony, use of an alibi, challenging forensic and physical evidence, suppressing unlawful searches, challenging the motive of the accused, and negotiating plea options.

The arson defense attorneys at Phillips & Associates specialize in building a defense strategy based on the specific details of each case. Call (405) 418-8888 for more information or to speak confidentially with a criminal justice attorney about your case.