In Oklahoma, arson is not just a single crime; it is a serious felony divided into four distinct types of arson. Each degree is defined by what the fire effects, who is inside, and the intent of the fire. Because arson is classified as a “violent crime” in Wagoner County, the consequences of a conviction can be life-altering. Here is a breakdown of the four types of arson under Oklahoma law.

1. Arson in the First Degree: The Highest Stakes

Under 21 O.S. § 1401, First-Degree Arson is one of the types of arson and is the most severe charge. It involves the willful and malicious burning of a building or structure that is inhabited or occupied by one or more people at the time of the act.

• Key Distinction: The presence of people is what elevates this to the first degree. It also applies if a fire starts during the illegal manufacturing of drugs (like a meth lab fire) in an occupied building.
• The 85% Rule: If convicted of First-Degree Arson, you must serve at least 85% of your sentence before being eligible for parole.
• Penalties: Up to 35 years in prison and a fine of up to $25,000.

2. Arson in the Second Degree: Unoccupied Structures

Second-Degree Arson (21 O.S. § 1402) is very similar to the first degree, but it involves a building or structure that is uninhabited or unoccupied at the time of the fire.

• The Exception: Even if a building is empty at the time of the fire, it can still be First-Degree Arson if it is a place where people usually live or stay, such as a hotel or an apartment complex.
• Penalties: Up to 25 years in prison and a fine of up to $20,000.

3. Arson in the Third Degree: Property and Fraud

Third-Degree Arson (21 O.S. § 1403) moves away from buildings and focuses on other types of property worth $50 or more.

• Common Examples: Vehicles, boats, farm equipment, crops, or pasture land.
• Insurance Fraud: This degree also applies when a person burns property (including their own) with the specific intent to defraud an insurance company.
• Penalties: Up to 15 years in prison and a fine of up to $10,000.

4. Arson in the Fourth Degree: Attempt and Preparation

In Oklahoma, you don’t even have to successfully start a fire to get felony charges. Fourth-Degree Arson (21 O.S. § 1404) covers attempts and preparatory acts.

• Preparatory Placement: Merely placing flammable or explosive materials in or near property with the intent to burn it later is enough to trigger this charge.
• Counseling: Asking or hiring someone else to commit arson is also Fourth-Degree Arson.
• Penalties: Up to 10 years in prison and a fine of up to $5,000.

Critical Defenses in Arson Cases

Arson investigations are highly technical, often relying on fire marshals and “origin and cause” experts. Common defense strategies include:

• Lack of Intent: Proving the fire was a genuine accident (e.g., faulty wiring or a cooking mishap) and not a “willful and malicious” act.
• Challenging the Science: Questioning the state’s evidence regarding accelerants or burn patterns.
• Mistaken Identity: Proving the defendant was not the person responsible for starting the blaze.

Wagoner County Arson and Criminal Defense Attorneys

The types of arson that you can be charged with are very important to your defense. Because even “attempted” arson is a felony with a 10-year prison ceiling, you cannot afford to wait. For a free and private consultation with an Oklahoma criminal defense attorney at Kania Law – Wagoner Attorneys, call 918-283-7394. You can also ask a free legal question online by following this link.