First-Degree Arson in Oklahoma | The Urbanic Law Firm

First-degree arson typically involves willfully and maliciously setting fire to an inhabited dwelling or an occupied structure, or a building used for lodging, creating a risk to human life.

First-degree arson is a felony. A conviction can carry a lengthy prison sentence and substantial fines, along with restitution and other collateral consequences. Speak with a defense attorney to understand exposure in your specific case.

Defense strategies may include challenging willful or malicious intent, disputing occupancy status, contesting fire origin and accelerant findings, exposing investigative flaws, and filing motions to suppress unlawfully obtained evidence.

It depends on the facts. If prosecutors cannot prove required elements like occupancy or intent, charges may be reduced or dismissed. An experienced attorney will evaluate opportunities for reductions or alternative resolutions.

Yes. Because it involves danger to human life, first-degree arson is classified as a violent felony, affecting parole eligibility and record expungement.

What to do if arrested for First-Degree Arson in Oklahoma

1. Remain Calm and Exercise the Right to Remain Silent – Do not try to explain your side of the story to the police. Anything you say can be used against you in court. Politely state that you wish to remain silent until you have an attorney present.
2. Request a Criminal Defense Attorney Immediately – Ask for a qualified Oklahoma criminal defense lawyer—preferably one experienced in arson and violent felony cases. Do not answer questions, sign documents, or consent to searches without your lawyer’s advice.
3. Avoid Contacting Alleged Victims or Witnesses – Do not try to reach out to anyone involved in the case, including property owners, victims, or witnesses. This can be seen as witness tampering or intimidation, which could worsen your charges.
4. Gather and Preserve Evidence – If possible, have a family member or attorney help collect evidence that may support your defense—such as photos, videos, receipts, text messages, or witnesses who can verify your whereabouts or intentions. Arson cases often involve fire investigation reports, so your lawyer will want to review these carefully.
5. Follow All Court Orders and Bail Conditions – If you’re released on bail, strictly follow all conditions set by the court—such as no-contact orders, travel restrictions, or check-ins. Missing a court date or violating bail conditions can result in immediate re-arrest.

Important questions to ask your attorney when arrested for First-Degree Arson in Oklahoma

1. What are the exact charges and potential penalties I’m facing? Understanding the difference between first-degree and other levels of arson—and the possible prison time, fines, and long-term consequences—is critical for planning your defense.
2. What evidence does the prosecution have against me? Ask your lawyer what physical evidence (fire reports, accelerant tests, surveillance footage, witness statements, etc.) the State plans to use, and how strong that evidence is.
3. Are there any defenses or weaknesses in the prosecution’s case? Your attorney can explain possible defense strategies—such as lack of intent, accidental fire, mistaken identity, or unreliable expert testimony.
4. What are my options for bail, plea negotiations, or going to trial? Ask whether it’s better to fight the charge in court, negotiate a plea, or seek a reduced charge (for example, second-degree arson or reckless burning).
5. How can I help my defense? Find out what steps you should take—such as gathering evidence, avoiding social media posts, or finding expert witnesses—to strengthen your case.

Common Defenses to the Charge of First-Degree Arson in Oklahoma

• Lack of intent: The fire was accidental, not willful or malicious.
• Mistaken identity: The wrong person was accused or present at the scene.
• Insufficient evidence: The state cannot prove beyond a reasonable doubt that you caused or planned the fire.
• Faulty fire investigation: Errors in determining the cause or origin of the fire can invalidate the prosecution’s theory.
• Alibi or alternate cause: You were elsewhere, or another source (electrical failure, spontaneous combustion, etc.) caused the fire.

Collateral Consequences of a First-Degree Arson Conviction in Oklahoma

1. Loss of Firearm Rights
   • A conviction for first-degree arson — classified as a violent felony — permanently prohibits you from owning, possessing, or purchasing firearms under both Oklahoma law and federal law.
2. Ineligibility for Record Expungement
   • Because first-degree arson is a violent crime under 57 O.S. § 571, it is not eligible for expungement in Oklahoma. The conviction remains on your record permanently.
3. Employment and Licensing Barriers
   • Felony arson convictions can disqualify you from many jobs, especially in public safety, education, healthcare, or government roles.
   • You may also lose or be denied professional licenses, such as for nursing, law, real estate, or contracting.
4. Loss of Voting and Jury Rights
   • Convicted felons in Oklahoma cannot vote, serve on a jury, or hold public office until they have completed their sentence (including parole or probation) and had their rights restored.
5. Housing and Financial Hardship
   • Landlords and mortgage companies often deny applications from felons, and a violent felony record can also disqualify you from federal housing assistance or certain student loans.
6. Cannot work or volunteer as a firefighter