Third Degree Arson
Arson is the act of deliberately and maliciously setting or attempting to set fire to property. Third degree arson, as set forth in section 1403(A), differs from the first and second degrees of arson because the statute protects any real or personal property with a value of $50 or more, whereas the first and second degree arson statutes protect structures and buildings. The elements of third degree arson are otherwise identical to the elements of first and second degree arson. Basically, third degree arson deals with less valuable property that is unoccupied.
The statute for Third Degree Arson is OKLA. STAT. tit. 21 § 1403, which states that “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 not less 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 fine not to exceed Ten Thousand Dollars ($10,000.00) or be confined in the State Penitentiary for not more than fifteen (15) years.”
Elements of the Crime
In order to be convicted of Third Degree Arson in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) a willful and malicious;
2) setting fire to, burning, destroying in whole or in part by use of any explosive device or substance;
3) any real or personal property valued at $50 or more;
4) which was uninhabited or unoccupied;
5) caused, aided, counseled, or procured by the defendant.
Oklahoma Jury Instruction #5-6.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Third Degree Arson in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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