First Degree Arson - Tulsa Trial Attorneys
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First Degree Arson - Elements
No person may be convicted of arson in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a willful and malicious;
(2) (setting fire to) / burning / (destroying in whole or in part by use of any (explosive device) / accelerant / (ignition device) / (heat-producing device / substance));
(3) (a building / structure) / (the contents of a building/structure);
(4) which was inhabited / occupied by one or more persons;
Fifth, caused / aided / counseled / procured by the defendant.
OR
(1) (destroying in whole or part) / (causing to be burned / destroyed) / (aiding / counseling/ procuring the burning / destruction of);
(2) (a building/structure)/ (the contents of a building / structure);
(3) which was inhabited / occupied by one or more persons;
(4) while manufacturing / (attempting / endeavoring to manufacture) [specify controlled dangerous substance listed in 63 O.S. Supp. 2014, § 2-401].
OR
(1) willfully and maliciously;
(2) (setting fire to)/burning another person.
OR
(1) willfully and maliciously;
(2) causing another person to be burned;
(3) by the use of any (explosive device) / accelerant / (ignition device) / (heat-producing device / substance);.
OR
(1) willfully and maliciously;
(2), aiding / counseling / procuring the burning of another person.
OR
(1) (causing another person to be burned) / (aiding / counseling / procuring the burning of another person);
(2) while manufacturing / (attempting to manufacture) [specify controlled dangerous substance listed in 63 O.S. Supp. 2014, § 2-401]. OUJI-CR 5-2
First Degree Arson - Inhabited or Occupied Defined
A building or structure is deemed to be occupied if it actually contains one or more persons at the time of the commission of the alleged crime. A building or structure is deemed to be inhabited if any part of it is normally used by any person for lodging. OUJI-CR 5-3
First Degree Arson - Punishment
Any person who willfully and maliciously sets fire to or burns, or by the use of any explosive device, accelerant, ignition device, heat-producing 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 or structure or contents thereof, inhabited or occupied by one or more persons, whether the property of that person or another, or who willfully and maliciously sets fire to or burns, or by the use of any explosive device, accelerant, ignition device, heat-producing device or substance causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a felony, and shall be punished by a maximum fine of Twenty-five Thousand Dollars ($25,000.00), or by imprisonment in the custody of the Department of Corrections for a maximum of thirty-five (35) years, or by both such fine and imprisonment. 21 O.S. 1401
First Degree Arson Punishment for Manufacturing a Controlled Dangerous Substance
Any person who, while manufacturing, attempting to manufacture or endeavoring to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, 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 or contents thereof, inhabited or occupied by one or more persons whether the property of that person or another, or who while manufacturing or attempting to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a felony, and shall be punished by a maximum fine of Twenty-five Thousand Dollars ($25,000.00) and by imprisonment in the custody of the Department of Corrections for a maximum of thirty-five (35) years. 21 O.S. 1401
Arson
It is illegal to willfully and maliciously set fire to dwelling, business, or vehicle. It carries a sentence of up to thirty-five (35) years. There are four (4) degrees of Arson plus one other charges you may face if you are believed to be involved with setting a fire in the State of Oklahoma.
First Degree Arson
Other Things to Know
First Degree Arson Litigation Expertise
You need an attorney who not only knows the law, but also knows the science. Let Boeheim Freeman Law’s expertise and training in the science of arsons go to work for you challenging the findings of the arson investigators. Why hire an attorney when you can hire a team?