How Are Arson Crimes Defined In Oklahoma And Can I Get It Reduced

In Oklahoma arson crimes, as in many other jurisdictions, are generally classified into degrees based on the severity of the offense. The crime ranges from first degree arson on to fourth degree arson. The worst is first degree arson and it carries the most serious punishment. If you receive a charge of arson, the degree they charge you with is important. The degree they charge you with also impacts your ability to win at trial or your ability to negotiate down the charge.

First-Degree Arson Crimes In Oklahoma

This is by far the most serious form of arson. The elements of the crime involve knowingly and intentionally starting fire to a building or structure. This includes a house or apartment building, or any structure where people are often present First-degree arson involves those cases where the person accused of setting the fire did it intending to cause bodily injury or death to a human being. The punishment for fist degree arson is more serious than for a second degree arson.

Second-Degree Arson In Oklahoma

This is typically a lesser offense in comparison to first-degree arson. It usually involves setting fire to property that is not classified as a dwelling, such as a barn, shed, or other structure. Second-degree arson may also include cases where the fire was set with reckless disregard for the safety of others. While still a serious crime, the penalties for second-degree arson are generally less severe than for first-degree arson.

Jury Trial Considerations

If you receive a charge of either first or second degree arson, you have a charge of a felony crime. In both cases after you plead not guilty your case is set for a preliminary hearing. This hearing is more like a probable cause hearing. At this hearing the State prosecutors presents enough evidence to bind you over for trial. Their burden to do this is lower than the actual trial. This burden is no higher than a preponderance of the evidence. If they meet their burden the case gets set for a jury trial. Of course at trial the burden is much great than at the preliminary hearing The trial burden is beyond a reasonable doubt and requires a jury voting unanimously to convict.

Plea Bargaining

If the prosecutor is willing to negotiate, your criminal defense attorney may engage in plea bargaining. This could involve pleading guilty to the lesser charge of second-degree arson in exchange for a lighter sentence or other concessions. The chance of reducing the charge increases if both the strength of the prosecutors case is there and if anyone receives an injury as a result of the arson. Your prior crimes will also impact any plea bargains. The charge can either be plead to a deferred sentence or to a suspended sentence. In those occasions where the evidence is overwhelming and the prosecutor is unreasonable there is also the chance of a blind plea in front of the judge in your case.

Arson Defense Attorneys In Your Corner

Receiving a charge of an arson crime is no walk in the park. The range of sentencing is broad with the prospect of many years in prison and a criminal record following you. Defending serious felony crimes like arson happens through attorneys with experience defending clients from this kind of crime. All crimes are serious but arson is a whole next level charge. For a Free Consultation with a Tulsa arson attorney call Kania Law Office at 918.743.2233