Third Degree Arson - Tulsa Trial Attorneys

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First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on such a serious charge, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

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Third Degree Arson - Elements

No person may be convicted of arson in the third 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);

(3) any real or personal property valued at $50 or more;

(4) caused / aided / counseled / procured by the defendant. OUJI-CR 5-6

Third Degree Arson - Insurance Elements

No person may be convicted of arson in the third 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);

(3), any building(s) / property / chattels;

(4) which was / were insured at the time of the commission of the alleged offense; 

(5) with intent to defraud / injure an insurer; 

(6) caused/aided / counseled / procured by the defendant OUJI-CR 5-7

Arson in the Third Degree - Punishment

Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning of any property whatsoever, including automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands, or any other property not herein specifically named, such property being worth more than Fifty Dollars ($50.00), whether the property of himself or another, shall be guilty of arson in the third degree, and upon conviction thereof shall be punished by a maximum fine of Ten Thousand Dollars ($10,000.00) or be confined in the State Penitentiary for a maximum of fifteen (15) years.

Any person who willfully and maliciously, and with intent to injure or defraud the insurer, sets fire to or burns or by use of any explosive 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, property, or other chattels, whether the property of himself or another, which shall at the time be insured against loss or damage by fire or explosion, shall be guilty of arson in the third degree, and upon conviction thereof shall be punished by a maximum fine of Ten Thousand Dollars ($10,000.00), or be confined in the State Penitentiary for a maximum of fifteen (15) years or both.

Arson in the third degree is a felony. 21 O.S. 1403

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.

Other Things to Know

Third 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?

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