Fourth Degree Arson - Tulsa Trial Attorneys
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Fourth Degree Arson - Elements
No person may be convicted of arson in the fourth degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a willful and malicious;
(2) attempt to (set fire to) / burn / (destroy in whole or in part by the use of any explosive device or substance);
(3), (any building/structure) / (the contents of any (building / structure) / (any property that is insured) / (any real / personal property valued at $50 or more);
(4), made / aided / counseled / procured by the defendant. OUJI-CR 5-8
Or
No person may be convicted of arson in the fourth degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a willful and malicious;
(2) placing / distributing;
(3) of any flammable / explosive / combustible material / substance / device;
(4) in/on (any building / structure) / (the contents of any building/ structure) / (any property that is insured) / (any real/personal property valued at $50 or more);
(5) by (an arrangement) / (a preparation) with intent eventually to (set fire to) / burn / (procure the setting fire to) / (procure the burning of) such property;
(6) such placing/distributing was performed / procured by the defendant. OUJI-CR-5-9
Fourth Degree Arson - Punishment
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 maximum fine of Five Thousand Dollars ($5,000.00) or be confined in the State Penitentiary for no 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 mentioned in Sections 1401, 1402 or 1403 of this title, 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 maximum fine of Five Thousand Dollars ($5,000.00), or be confined in the State Penitentiary for no more than ten (10) years, or both.
Arson in the fourth degree is a felony. 21 O.S. 1404
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.
Fourth Degree Arson
Other Things to Know
Fourth 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?