Second Degree Arson - Tulsa Trial Attorneys
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Second Degree Arson - Elements
No person may be convicted of arson in the second 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/substance) / (destroying in whole or in part while manufacturing / (attempting to manufacture) [specify controlled dangerous substance listed in 63 O.S. Supp. 2014, § 2-401]);
(3) (a building/structure) / (the contents of a building/structure);
(4) which was uninhabited / unoccupied;
(5) caused / aided / counseled / procured by the defendant. OUJI-CR 5-4
Second Degree Arson - Uninhabited or Unoccupied Defined
A building or structure is deemed to be unoccupied if it contains no persons at the time of the alleged crime. A building or structure is deemed to be uninhabited if no part of the building or structure is normally used by any person for lodging. OUJI-CR 5-5
Second Degree Arson - Punishment
Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance or 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 destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any uninhabited or unoccupied building or structure or contents thereof, whether the property of himself or another, shall be guilty of arson in the second degree, which is a felony, and upon conviction thereof shall be punished by a maximum fine of Twenty Thousand Dollars ($20,000.00) or be confined in the State Penitentiary for a maximum of twenty-five (25) years or both. 21 O.S. 1402
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.
Second Degree Arson
Other Things to Know
Second 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?