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Arson

Oklahoma Arson Lawyers

Defending Arson Charges in OK

Arson is a serious felony offense in Oklahoma, and depending on the degree of the charge, it can result in decades in prison. Whether you’re accused of setting fire to an occupied building or damaging property worth as little as $50, you could face felony charges.

At Hunsucker Legal Group, we help people accused of arson understand the charges, build a strong defense, and protect their freedom.

What Is Arson Under Oklahoma Law?

Arson is defined as intentionally setting fire to or burning property, whether it's a home, building, vehicle, or personal belongings. Under Oklahoma law, this includes using fire, heat-producing devices, or explosives, and applies even if no one is harmed.

Even an attempt to start a fire can lead to fourth-degree arson charges.

Degrees of Arson in Oklahoma

Oklahoma classifies arson into four degrees, each with specific criteria and penalties.

First-Degree Arson

  • Definition: Willful and malicious setting of fire to a building or structure occupied by at least one person, or setting fire to a person.
  • Tools used: Explosives, heat-producing or ignition devices.
  • Example: Setting fire to a home while someone is inside.
  • Penalty: Up to 35 years in prison and fines up to $25,000.

Includes aiding or counseling someone to commit the act.

Second-Degree Arson

  • Definition: Burning or setting fire to a vacant or unoccupied building.
  • If the building is normally used for lodging (e.g., hotel), you may still be charged with first-degree arson, even if no one was present.
  • Penalty: Up to 25 years in prison and fines up to $20,000.

Third-Degree Arson

  • Definition: Destruction of any property valued at $50 or more through fire or explosive.
  • Penalty: Up to 15 years in prison and fines up to $10,000.

Fourth-Degree Arson

  • Definition: Attempting to burn, set fire to, or destroy property valued at $50 or more.
  • Penalty: Up to 10 years in prison and fines up to $5,000.

Arson Penalties in OK

DegreeDefinitionMax Prison TimeMax Fine
First-DegreeOccupied building/person35 years$25,000
Second-DegreeUnoccupied building (sometimes elevated to 1st)25 years$20,000
Third-DegreeProperty worth $50+15 years$10,000
Fourth-DegreeAttempt to burn property worth $50+10 years$5,000

Common Questions About Arson Charges

How long do you go to jail for arson in Oklahoma?

It depends on the degree. First-degree arson can lead to up to 35 years, while even fourth-degree arson can result in 10 years in prison.

Is arson a felony in Oklahoma?

Yes. All four degrees of arson are felony offenses under Oklahoma law.

What is the sentence for third-degree arson?

Third-degree arson is punishable by up to 15 years in prison and a fine up to $10,000.

Can you go to prison for attempted arson?

Yes. Attempted arson is classified as fourth-degree arson, a felony that carries up to 10 years in prison.

What is considered first-degree arson?

Setting fire to a home, occupied building, or person, even if no one is injured, is considered first-degree arson.

Arrested for Arson? You Need an Aggressive Defense.

Arson is a serious charge that carries serious prison time. Arson charges require an aggressive, serious defense. Call Hunsucker Legal Group and let us put our combined 75+ years of experience to work for you. Your freedom and liberty are at risk.

Charged with arson in Oklahoma? Don't face felony charges alone. Call us today or fill out our free online evaluation form to get started.

  • DEFENDING OVER 500 CRIMINAL CASES A YEAR John Hunsucker, Director on the Board of the Oklahoma Criminal Defense Lawyer’s Association

    With decades of courtroom experience, John Hunsucker leads one of Oklahoma’s most respected criminal defense teams. As a former prosecutor and seasoned trial attorney, he brings unmatched insight and strategy to every case. John and his team prioritize continuing legal education and advanced training each year, ensuring they remain at the forefront of criminal defense not just across Oklahoma, but nationwide.

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