A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage: any vegetation, fence, or structure on open-space land; or any building, habitation, or vehicle: knowing that it is within the limits of an incorporated city or town; knowing that it is insured against damage or destruction; knowing that it is subject to a mortgage or other security interest; knowing that it is located on property belonging to another; knowing that it has located within it property belonging to another; or when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another. 

A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle. 

A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing: recklessly damages or destroys a building belonging to another; or recklessly causes another person to suffer bodily injury or death. 

It is an exception if the fire or explosion was a part of the controlled burning of open-space land. 

It is a defense to prosecution if prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions. 

An offense under the first paragraph is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that: bodily injury or death was suffered by any person by reason of the commission of the offense; or the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship. 

An offense under the second paragraph is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense. 

An offense under the third paragraph is a state jail felony. 

If conduct that constitutes an offense under the first paragraph or that constitutes an offense under the second paragraph also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under paragraph one or paragraph two.

If you have been charged with a criminal offense and want legal assistance, please contact The Swain Law Firm at (405)501-0827 to receive a free consultation.

Law Offices of Matt Swain

405-501-0827

The mother whose three children died Jan. 4 in a motor home fire had left them alone ther, locked inside while she was under the influence of methamphetamine the police allege.  Stephanie mae Dunham and her husband Christopher Lee Dunham 25 were charged thursday with three felony counts of child neglect.  The mother and father are accused in the charge of failing to provide adequate shelter resulting in their children’s deaths.

A conviction of child neglect carries a maximum punishment of life in prison.  They also are charged with misdemeanor count of possession of drug paraphernalia.

Law Offices of Matt Swain

405-501-0827

A Norman teenager faces arson charges as a youthful offender in connection to two vehicle fires that were reported last month, according to court papers.

A 15-year-old boy has been charged as a youthful offender with two counts of first-degree arson, according to the Cleveland County District Attorney’s Office. Other charges are pending.

According to a court affidavit, the juvenile set fire to a 2001 Pontiac Grand Prix GT, which also damaged a structure in the 200 block of Skylark Court on Jan. 16.

He also is accused of setting fire to a 2007 Kia Rondo LX and causing damage to another structure in the 700 block of Terry Drive on the same date.

According to the affidavit, the Norman Fire Marshal’s Office investigated the fires.

Law Offices of Matt Swain

405-501-0827

Under current law, the penalty for arson in the first degree, which is for the arson of an occupied dwelling, is a fine of up to $25,000.  Shurden wants to raise the maximum fine to $50,000.  The maximum fine for arson in the second degree, which is the burning of an unoccupied building, would increase from $20,000 to $35,000.  The maximum fine for arson in the third degree, which includes destruction of property such as vehicles, crops, or land, would increase from $10,000 to $25,000 and would also include the destruction of hay and animals.  Arson in the fourth degree is any attempt to destroy property, whether successful or not.  The fine for that crime would increase from $5,000 to $10,000.  The maximum prison time would remain the same for all arson crimes as in current statutes.

Law Offices of Matt Swain

405-501-0827

In Norman Oklahoma fire officials are investigating three suspicious car fires that occurred within 27 minutes of each other early Sunday near Norman North High School, fire deputy chief Jim Bailey said.

The first fire occurred at 12:30am in the 200 block of Skylark court, followed by a second fire at 12:54 pm in the 700 block of Terry Drive and a third fire at 12:57 am in the 1500 block of Stubbeman Avenue.

Bailey is reported as saying it is absolutely unusual for three suspicious fires to occur that close to each other.

Law Offices of Matt Swain

405-501-0827