Criminal Law – FAQS

Q: How much time can I get for misdemeanor charges in Arkansas?

5-4-401(b)

Arkansas Misdemeanors are divided into three categories:

A-level Misdemeanors – 0-1 year, and a fine of up to $2,500

B-level Misdemeanors – 0-90 days, and a fine of up to $1,000

C-level Misdemeanors – 0-30 days, and a fine of up to $500

Q: How much time can I get for felony charges?

5-4-401(a)

There are several classifications for felony charges:

Y-Felony – 10-40 years, or life

A-Felony – 6-30 years, and a fine of up to $15,000

B-Felony – 5-20 years, and a fine of up to $15,000

C-Felony – 3-10 years, and a fine of up to $10,000

D-Felony – 0-6 years, and a fine of up to $10,000

Q: How will my criminal record affect my sentence?

This will depend on how much criminal history you have. Someone who has been previously convicted of 2 or 3 felony charges can be charged under Arkansas law as a Small Habitual Offender. The ranges for felony crimes when charged as a small habitual offender are as follows:

Small Hab (2 or 3 felony convictions)

 5-4-501(a)

        Y-Felony – 10-60 years or life

A-Felony – 6-50 years

B-Felony – 5-30 years

C-Felony – 3-20 years

D-Felony – 0-12 years

Someone who has been previously convicted of 4 or more felony charges can be charged as a Big Habitual Offender.  The ranges for felony crimes when charged as a big habitual offender are as follows:

Big Hab (4 or more felony convictions)

5-4-501(b)

Y-Felony – 10 to life

A-Felony – 6-60 years

B-Felony – 5-40 years

C-Felony – 3-30 years

D-Felony – 0-15 years

Q: How much Marijuana is a Misdemeanor amount?

If being charged simply as Possession of a controlled substance:

Less than 4oz is a Misdemeanor. 5-64-419(b)(5)(A)

If being charged as Possession of a Schedule VI controlled substance with the purpose to deliver:

Less than 14 grams is a Misdemeanor.

Q: Are Hydrocodone pills a Felony?

Yes, they are a schedule II drug and thus, without a script any amount is a felony amount.

Q: Are Oxycodone pills a Felony?

Yes, they are a schedule II drug and thus, without a script any amount is a felony amount.

Q: Are Adderall pills a Felony?

Yes, they are a schedule II drug and thus, without a script any amount is a felony amount.

Q: When does a drug charge become “with purpose to deliver?”

In most cases, one of the following conditions must be attached to the drugs found:

  1. The person possesses the means to weigh and separate the controlled substance.
  2. The person possesses a record indication a drug-related transaction
  3. The controlled substance is separated and packed in a manner to facilitate delivery
  4. The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the controlled substance.
  5. The person possesses at least 2 other controlled substances in any amount
  6. Or other relevant and admissible evidence that contributes to the proof that the person’s purpose was to deliver a controlled substance.