Description:
Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with first-degree arson in violation of 21 O.S. 1401 amended to second-degree arson.
First-Degree Arson:
A. Any person who willfully and maliciously sets fire to or burns, or by the use of any explosive device, accelerant, ignition device, heat-producing device or substance, destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any building or structure or contents thereof, inhabited or occupied by one or more persons, whether the property of that person or another, or who willfully and maliciously sets fire to or burns, or by the use of any explosive device, accelerant, ignition device, heat-producing device or substance causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a felony, and shall be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by imprisonment in the custody of the Department of Corrections for not more than thirty-five (35) years, or by both such fine and imprisonment.
B. Any person who, while manufacturing, attempting to manufacture or endeavoring 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 building or contents thereof, inhabited or occupied by one or more persons whether the property of that person or another, or who 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 causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a felony, and shall be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) and by imprisonment in the custody of the Department of Corrections for not more than thirty-five (35) years.
Second-Degree Arson:
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.
Outcome: JUDGE RODNEY SPARKMAN: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY COUNSEL. STATE REPRESENTED BY DALINDA JEFFERS. DEFENDANT SWORN IN OPEN COURT. COURT REPORTER WAIVED. DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES RIGHT TO PRELIMINARY HEARING, WAIVES RIGHTS TO JURY, NON-JURY TRIAL. COURT ACCEPTS PLEA.
CT 1 - AMENDED TO ARSON 2ND DEGREE: COURT DEFERS SENTENCING FOUR (4) YEARS UNTIL 7-6-26 AT 9:00 AM ROOM 506. $150.00 VICTIMS COMP; $600.00 COURT FUND PLUS COST.
UNDER THE SUPERVISION OF DEPARTMENT OF CORRECTIONS.
DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, JUDGMENT AND SENTENCE ISSUED. BOND EXONERATED. DEFENDANT RECOGNIZED BACK.
Plaintiff's Experts:
Defendant's Experts:
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