Arkansas Felony: Laws, Penalties, Sentencing, and Records

In Arkansas, a felony is a serious offense that carries a sentence of more than a year in state prison. Felonies have serious repercussions, such as extended incarceration, hefty fines, loss of rights, and a permanent criminal record, in contrast to misdemeanors, which have less severe punishments and shorter jail sentences. Six classifications of crimes are distinguished by Arkansas law, each having various possible sentences and monetary fines.

What Is Considered a Felony in Arkansas?

According to the Arkansas Criminal Code (Title 5 of the Arkansas Code), a wide variety of serious crimes are considered felonies in Arkansas. Typical felonies in Arkansas include:

• Violent Crimes: Capital murder, manslaughter, aggravated assault, rape, robbery, kidnapping.
• Drug Crimes: Trafficking, manufacturing, and possession of controlled substances with intent to deliver.
• Property Crimes: Arson, burglary, theft of property valued at $1,000 or more, and forgery.
• White-Collar Crimes: Fraud, embezzlement, identity theft.
• Weapons Offenses: Unlawful possession of firearms, using a weapon during a felony.

The value of stolen property, the use of a weapon, or injury to victims are some of the factors that raise crimes to the level of felonies. For example:

• Theft under $1,000 is a misdemeanor, but theft above that threshold becomes felony theft.
• Assault with a deadly weapon automatically becomes a felony regardless of injury severity.

What Is a Felony in Arkansas?

Any offense that carries a sentence of more than a year in the Arkansas Department of Corrections is considered a felony under Arkansas law. On the other hand, misdemeanors are punishable by up to a year in a county or local jail.

Legal implications of felony convictions in Arkansas include:

• Lengthy prison terms and fines, depending on the class.
• Loss of rights, including the right to vote, hold public office, or own a firearm, until rights are restored.
• Permanent criminal records affect employment, housing, and professional licensing.

Felony Classes and Penalties in Arkansas

Arkansas uses a structured felony classification system. Penalties vary by class and by the circumstances of the offense.

Arkansas Felony Classes

• Capital Felony
  • Capital felony is reserved for the most serious crimes, such as capital murder.
  • Penalty: This class of crimes attracts a life sentence without parole or the death penalty.
• Class Y Felony
  • This includes first-degree murder, rape, kidnapping, and aggravated robbery.
  • Penalty: Individuals convicted of crimes in the class face 10 to 40 years or life imprisonment.
• Class A Felony
  • This class includes first-degree battery, large-scale drug trafficking, and certain violent crimes.
  • Penalty: Convicted individuals can get 6 to 30 years in prison.
  • Fine: Individuals convicted of such crimes can also pay up to $15,000.
• Class B Felony
  • This includes burglary, second-degree sexual assault, and theft over $25,000.
  • Penalty: If convicted, one could face 5 to 20 years in state prison.
  • Fine: One could also pay up to $15,000.
• Class C Felony
  • Class C felonies include forgery, residential burglary, and theft between $5,000 and $25,000.
  • Penalty: These crimes come with a prison sentence of 3 to 10 years.
  • Fine: Class C felonies could also attract a fine of up to $10,000.
• Class D Felony
  • This is the least severe felony class, and includes lower-level property thefts and drug possession with intent to distribute.
  • Penalty: Convicted individuals in this category could get up to 6 years.
  • Fine: They could also pay up to $10,000 in fines.

This classification ensures consistency in sentencing while still allowing judges discretion based on aggravating or mitigating circumstances.

Felony Sentencing Guidelines in Arkansas

Statutory ranges guide felony sentencing in Arkansas, but judges retain discretion within those ranges. Sentences are influenced by aggravating and mitigating factors.

Key Sentencing Rules

1. Statutory Sentencing Ranges: Each felony class has a minimum and maximum prison term.
2. Aggravating Factors: Use of a deadly weapon, repeat offenses, crimes against children or the elderly, or crimes involving extreme violence.
3. Mitigating Factors: First-time offenses, cooperation with law enforcement, or evidence of rehabilitation.
4. Habitual Offender Law: Repeat felony offenders face harsher sentences, often with mandatory enhancements.
5. Parole and Probation: Many offenders may be eligible for parole after serving a portion of their sentence, except for certain violent felonies. Probation may be an option for Class D felonies or first-time offenders.

For instance, a repeat offender under the Habitual Offender Act may receive a far lengthier sentence than a Class B burglary crime, which carries a sentence of 5–20 years..

Felony Laws and Procedures in Major Arkansas Cities

Little Rock (Pulaski County)

One of the busiest courts in Arkansas, the Pulaski County Circuit Court, prosecutes felonies in Little Rock. The court deals with drug cases, property crimes, and violent crimes. Records are available via the Arkansas Judiciary public portal or the Pulaski County Circuit Clerk.

Fayetteville (Washington County)

The Washington County Circuit Court handles felony cases in Fayetteville. Compared to other locations, the region has a higher percentage of property- and drug-related offenses. Online databases or the Washington County Clerk can provide access to records.

Fort Smith (Sebastian County)

The Sebastian County Circuit Court handles felony cases in Fort Smith and frequently relies on plea deals to control the number of cases. Records are available via statewide systems or the Sebastian County Clerk's Office.

How to Search for Felony Records in Arkansas

Arkansas provides multiple options for searching felony records, both online and in person.

1. Arkansas Judiciary Online Case Information

The CourtConnect portal allows the public to search felony case records by party name, case number, or attorney. Information includes:

• Case numbers and docket entries.
• Charges filed.
• Court location.
• Dispositions and sentencing.

2. County Circuit Clerk’s Offices

Certified felony case files can be requested directly from county circuit clerks where the cases were prosecuted. Fees apply for certified or copied documents.

3. Arkansas State Police (ACIC)

Criminal history reports are kept up to date by the Arkansas State Police and the Arkansas Crime Information Center (ACIC). These records, which are frequently utilized for background checks, contain felony convictions throughout the state..

4. Local Police Departments

Police departments maintain arrest reports and incident files, which may include felony charges. These can be requested under the Arkansas Freedom of Information Act (FOIA).

5. Third-Party Background Checks

Arkansas criminal records are available through several private services, although government sources are more current, accurate, and reliable.

Open vs. Sealed Records

• Open Records: The records of most felony convictions remain part of the public record.
• Sealed Records: According to Arkansas law, some felony records can be sealed following waiting periods, which are normally five years for Class C and D felonies and longer for more serious offenses. Records that have been sealed are concealed from the public but are still available to police enforcement.

Why Understanding Felonies in Arkansas Matters

In Arkansas, felonies have severe repercussions, ranging from extended jail sentences to permanent limitations on one's rights and possibilities. For individuals, businesses, and organizations navigating the state's legal system, understanding the classification system and record access regulations is crucial.

In Arkansas, there are six different categories of felonies: capital, Y, A, B, C, and D. The punishments for Class D felonies range from probation to life in prison or the death penalty. Statutory ranges, aggravating or mitigating circumstances, and habitual offender status all influence sentencing.

The Arkansas State Police, county clerks, and the CourtConnect site all provide access to felony records, guaranteeing transparency while occasionally permitting sealed records.