Felonies

Click below to see the range of times for crimes, and even get a sample Motion for Discovery!



Felonies

An Arkansas felony is any crime that is punishable by incarceration in state prison (Misdemeanors are only punishable by time in local jails.) If you have been charged with a felony in Arkansas, you need to contact a criminal defense attorney immediately because you are at risk of prison time.

If you are facing a Felony in Arkansas, the lowest level felony still puts you at risk for up to 6 years in prison.

The majority of drug crimes in Arkansas are Felonies and due to the serious nature of felonies, you need a team of attorneys who know the law and are well prepared to fight your case.

Our team has handled 1000’s of felonies and consists of veteran trial attorneys and former prosecutors who understand the ins and outs of felony cases.

We have successfully used our knowledge and skill to get the results our clients are looking for. We routinely use our skills to get cases dismissed, resolved, reduced and kept off our client’s records.

Arkansas divides felonies up into several classes: Class Y Felonies, Class A Felonies, Class B Felonies, Class C Felonies, or Class D Felonies. There are also “unclassified felonies,” which are unclassified because the particular law will tell you your punishment.

What are the penalties for Felonies in Arkansas?

Class Y Felony: Minimum 10-year Sentence, and up to Life in Prison.

Examples: Drug Trafficking, Simultaneous Possession of Drugs and Firearms

Class A Felony: Minimum 6-year Sentence, and up to 30 years and a $15,000 fine.

Examples: Possession of Controlled Substances with Purpose to Deliver.

Class B Felony: Minimum 5-year Sentence, and up to 20 years and a $15,000 fine.

Examples: Possession of Drug Paraphernalia, Theft of Property, and Forgery.

Class C Felony: Minimum 3-year Sentence, and up to 10 years and a $10,000 fine.

Examples: Receiving Stolen Property, Failure to Appear, and Financial Identity Fraud.

Class D Felony: up to 6-year Sentence and a $10,000 fine.

Examples: Possession of Controlled Substances, Certain Drug Paraphernalia, Breaking or Entering, Possession of a Firearm by a Felon and Defacing a Firearm.

In Arkansas, if you have previous felony convictions, you can be exposed to longer sentencing ranges.

Having 2 or 3 prior felony convictions classifies you as a Small Habitual Offender and will add additional years of potential prison time to your sentence. Having 4 or more prior felony convictions classifies you as a Large Habitual Offender and will significantly increase your exposure to very long prison sentences.

A felony charge is serious; a felony conviction will affect the rest of your life and it will affect your rights. If you’ve been charged with a felony (or even if you think you’ll be charged), please contact us to make sure that someone is there to protect you and your rights.

What if I am convicted of a Felony in Arkansas?

If convicted, you can face a long list of consequences, some of which can include:

  • Prison Time
  • Tens of Thousands of Dollars in Fines.
  • Loss of Employment
  • Loss of Voting Rights
  • Loss of Firearms Rights
  • Loss of Government Benefits
  • Driver’s License Suspension
  • Mandatory Drug Treatment
  • Mandatory Psychological Treatment
  • Hardships finding a Job
  • Inability to rent a place to live
  • Professional License Issues

How does Arkansas determine what drugs are Felonies?

The Arkansas Uniform Controlled Substances Act sets out what drugs are controlled and what schedule level the drug is given. Arkansas categorizes drugs into 6 schedules and determines the level of a felony based upon the amount of the drug:

Schedule 1: Drugs without any medical use that have a high likelihood of abuse. Examples: Heroin, Opium, Ecstasy.

  • Less than 2 grams is a Class D felony
  • 2 grams or more but less than 10 grams is a Class C felony
  • 10 grams or more but less than 200 grams is a Class B felony
  • 200 grams or more is a Class Y felony

Schedule 2: Drugs with Medical use but high risk of physical and psychological dependency and abuse. Examples: Cocaine, Methamphetamine, Oxycodone, Adderall.

  • Less than 2 grams is a Class D felony
  • 2 grams or more but less than 10 grams is a Class C felony
  • 10 grams or more but less than 200 grams is a Class B felony
  • 200 grams or more is a Class Y felony

Schedule 3: Drugs with Medical use and lower risk of abuse and addiction. Examples: Anabolic Steroids, Ketamine, Buprenorphine.

  • 2 grams or more but less than 28 grams is a Class D felony
  • 28 grams or more but less than 200 grams is a Class C felony
  • 200 grams or more but less than 400 grams is a Class B felony
  • 400 grams or more is a Class Y felony

Schedule 4: Drugs with Medical use and have a low risk of dependency and abuse. Examples: Clonazepam, Ativan, other anti-depressants, and sleeping medications.

  • 28 grams or more but less than 200 grams is a Class D felony
  • 200 grams or more but less than 400 grams is a Class C felony
  • 400 grams or more but less than 800 grams is a Class B felony
  • 800 grams or more is a Class Y felony

Schedule 5: Drugs that are considered the least dangerous. Examples: Pseudoephedrine and other over-the-counter drugs.

  • 28 grams or more but less than 200 grams is a Class D felony
  • 200 grams or more but less than 400 grams is a Class C felony
  • 400 grams or more but less than 800 grams is a Class B felony
  • 800 grams or more is a Class Y felony

Schedule 6: Drugs with no approved medical use. Examples: Marijuana & other Synthetic Cannabinoids (We realize this is no longer true for Marijuana, but they have not updated the law, so it is still a Schedule 6 drug.)

  • 4 ounces or more but less than 10 pounds is a Class D felony
  • 10 pounds or more but less than 25 pound is a Class C felony
  • 25 pounds or more but less than 100 pounds is a Class B felony
  • 100 pounds or more but less than 500 pounds is a Class A felony
  • 500 pounds or more is a Class Y felony

(Delivery, possession of multiple types of drugs, the presence of a gun and various other factors can cause enhancements in the level of crime and possible sentencing ranges)

Drug crimes are by far the most common felonies in the United States with around 2,000,000 violations annually. This is why we put in the work to know the law and techniques to help place you in the best position when defending a drug crime in Arkansas.

Other Common Felonies in Arkansas

Possession of firearms by certain persons: In most cases, this refers to someone who has been convicted of a felony and is later caught with a gun. In Arkansas, the level of a felony for this charge can vary depending on the specific facts of the case. Being a felon in possession of a firearm can result in a Class D felony or a Class B felony.

Defacing a firearm: This is an offense when someone knowingly removes, defaces, mars, covers, alters, or destroys the manufacture’s serial number or identification mark of a firearm. Defacing a firearm is a Class D felony.

Theft by Receiving: Being in possession of the property when you know the property was stolen or having good reason to believe the property was stolen. The most common way people find themselves in this situation is being in possession of property that they paid well under market value for and that property turns out to be stolen. The value of the property determines the level of a felony. Property Valued at $25,000 or more is a Class B felony, Property with a value of more than $5,000 but less than $25,000 is a Class C felony, Property Valued at $5,000 or less but more than $1,000 is a Class D felony. Theft by Receiving of a firearm, regardless of the firearm’s value, is always a felony.

Fleeing in a Vehicle: Fleeing in a vehicle under circumstances manifesting extreme indifference to the value of human life is a Class D felony. This most often occurs in DWI cases when the person is fleeing from police and eventually stops without actually injuring anyone.

There are many felonies in Arkansas and at wh Law, our defense team is well equipped with the knowledge and skill to help achieve your case-specific goals.

Can Felony charges be dropped?

Yes, just because you have been arrested or charged with a felony, that does not mean the charges can’t be dropped. All cases are different and the ability to convince the prosecutor to drop the charges against you depends on many factors.

We have experienced criminal defense attorneys and former prosecutors on our team who understand what is persuasive to prosecutors when they are looking at a case. Some of the most common ways of getting charges dropped are evidence that was obtained illegally, witnesses who have told different stories at different times, search warrant issues, officers not having probable cause to stop you, and many others.

We know what to look for and how to present the arguments to a prosecutor. We have had many clients who believed they were guilty before they hired us. Guilt is a legal determination made by a judge. You are not guilty of a crime unless the judge says you are. There are many steps to be taken from the time of arrest to the conclusion of a criminal case and we are here to help ensure you are taking the right steps to help get the results you want.

Felonies Blog

Clean Slate Project | Giving Arkansas a Fresh Start

What does it mean to get your criminal record “sealed?” Having your criminal record “sealed” (or “expunged”) is the process of having your criminal record made confidential.  If your record is sealed, the documents will be hidden from public view, but will not actually be destroyed. However, once you get a conviction sealed, you can…

Jul 21 2021

READ MORE

Opening a Probate for a Personal Injury, Mass Tort, or Other Lawsuit in Arkansas

We have all heard it and it is true, bad things happen to good people. Sometimes, those things involve a lawsuit after someone has passed away. When that happens there is a specific type of probate called a special administration. This type of probate is used to deal with one specific issue and not the…

Jun 3 2021

READ MORE

Can I be fired if I have a medical marijuana card?

Many Arkansas medical marijuana cardholders have questions about whether they can be fired. The answer is that the Arkansas Constitution protects all medical marijuana cardholders from being fired for having a medical marijuana card. However, this is increasingly an issue. Many do not understand the law. According to this article in Arkansas Business, “there were…

Jun 2 2021

READ MORE

Out of State Probate (AKA Ancillary Probate)

Probate is a process that nobody wants to go through. That being said, if it is handled correctly it can lower the stress and the conflict between family members. In this article, we are going to explain how the probate process works if you have to open a probate in another state first and then…

Jun 1 2021

READ MORE