Second Degree Arson
Arson is the act of deliberately and maliciously setting or attempting to set fire to property. second degree Arson is very similar to first degree arson, however, second degree arson involves an unoccupied property or building. 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.
The statute for Second Degree Arson is OKLA. STAT. tit. 21 § 1401, which states that “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 fine not to exceed Twenty Thousand Dollars ($20,000.00) or be confined in the State Penitentiary for not more than twenty-five (25) years or both.”
Elements of the Crime
In order to be convicted of Second 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, or destroying in whole or in part while manufacturing, or attempting to manufacture, a controlled dangerous substance;
3) a building or structure or the contents of a building or structure;
4) which was uninhabited or unoccupied;
5) caused, aided, counseled, or procured by the defendant.
Oklahoma Jury Instruction #5-4.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Second 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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