First Degree Arson
Arson is the act of deliberately and maliciously setting or attempting to set fire to property. First Degree Arson is the willful and malicious setting fire to, or burning, any structure in whole or in part, using and some kind of ignition, when that building is being occupied by another person. It also includes fires set while manufacturing a controlled dangerous substance, when the fire destroys any part of the building while a person is inside. 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. Basically, arson in the first degree mirrors burglary in the first degree; it requires the presence of a person in the structure burnt.
The statute for First Degree Arson is OKLA. STAT. tit. 21 § 1401, which states “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 fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by imprisonment in the custody of the Department of Corrections for not more than thirty-five (35) years, or by both such fine and imprisonment.”
Elements of the Crime
In order to be convicted of First 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 ONE OF THE FOLLOWING:
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, or heat-producing device or substance;
3) a building or structure, the contents of a building or structure;
4) which was inhabited or occupied by one or more persons;
5) caused, aided, counseled, or procured by the defendant.
1) destroying in whole or part or causing to be burned/destroyed, or aiding, counseling, procuring the burning, or destruction of;
2) a building or structure, or the contents of a building or structure;
3) which was inhabited or occupied by one or more persons;
4) while manufacturing or attempting, endeavoring to manufacture a controlled dangerous substance.
1) willfully and maliciously;
2) setting fire to or burning another person.
1) willfully and maliciously;
2) causing another person to be burned;
3) by the use of any explosive device, accelerant, ignition device, or heat-producing device or substance.
1) willfully and maliciously;
2) aiding, counseling, or procuring the burning of another person.
1) causing another person to be burned, or aiding, counseling, or procuring the burning of another person;
2) while manufacturing or attempting to manufacture a controlled dangerous substance.
Oklahoma Jury Instruction #5-2.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with First 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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