What are the penalties for a felony in Arkansas?

Felony penalties in Arkansas range from 0–6 years for the lowest class to life imprisonment for the most serious [§ 5-4-401]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 5-4-401]. Misdemeanors carry county jail time (up to 1 year) [§ 5-4-401]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Arkansas Criminal Defense Guide — Charges & Process

Q: Does Arkansas have a speedy trial requirement?

Arkansas does not have a fixed-day speedy trial clock [§ 16-89-108]. Ark. R. Crim. P. 28.1–28.3 provide a speedy trial framework: 12 months from arrest or filing for felonies (Rule 28.1); 9 months for misdemeanors. Delays attributable to the defendant are excluded. Remedy is dismissal with prejudice.

Q: Can I get my criminal record expunged in Arkansas?

Yes, for eligible offenses [§ 16-90-1401 et seq.]. Waiting periods: Varies: immediate for dismissed/acquitted charges; 60–90 days for deferred disposition completions; 5 years for eligible misdemeanor convictions. Act 346 of 2013 created a broad expungement framework. Violent felonies and sex offenses are excluded. Filing fee applies. Successful expungement restores most civil rights.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Arkansas.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Arkansas Criminal Process — Step by Step Your Rights in an Arkansas Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Arkansas classifies criminal offenses §5-4-401

Arkansas divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class Y felony: 10 years to life, up to $15,000 fine - Class A felony: 6–30 years, up to $15,000 fine - Class B felony: 5–20 years, up to $15,000 fine - Class C felony: 3–10 years, up to $10,000 fine - Class D felony: 0–6 years, up to $10,000 fine

Misdemeanor classifications §5-4-401

Class A misdemeanor: up to 12 months, $2,500 fine - Class B misdemeanor: up to 3 months, $1,000 fine - Class C misdemeanor: up to 1 months, $500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §5-4-201 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §5-4-401	State prison (1 year or more) §5-4-401
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §16-90-1401 et seq.	Fewer offenses eligible §16-90-1401 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §16-81-106. Officers may arrest without a warrant for felonies committed in their presence or on probable cause. Ark. R. Crim. P. 4.1–4.4 govern warrantless arrest and initial appearance. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Arkansas Constitution Art. 2, § 8 guarantees bail for all offenses except capital murder when proof is evident. Bail schedule and pretrial detention standards apply. Ark. R. Crim. P. 9.2 governs bail conditions. §16-84-101 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Arkansas.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §5-4-301 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Arkansas has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §16-87-201 et seq.. Arkansas Public Defender Commission oversees district public defender offices statewide. Contract attorneys supplement in rural areas.
Right to a speedy trial — Arkansas does not set a fixed number of days for speedy trial §16-89-108. Ark. R. Crim. P. 28.1–28.3 provide a speedy trial framework: 12 months from arrest or filing for felonies (Rule 28.1); 9 months for misdemeanors. Delays attributable to the defendant are excluded. Remedy is dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Arkansas: Statutory term limits not stated in the cited section; note that probation and suspended imposition of sentence are prohibited for capital murder, treason, Class Y felonies, DWI, and second-degree murder (§5-4-301) §5-4-301 et seq..

⚠Arkansas has a habitual offender law §5-4-501. Habitual offender: 2+ prior felonies can increase the sentence to the next felony class. 4+ prior felonies: mandatory enhanced sentencing including life for Class Y offenses.

Clearing your record

Arkansas does allow certain criminal records to be sealed or expunged §16-90-1401 et seq.. Waiting periods: Varies: immediate for dismissed/acquitted charges; 60–90 days for deferred disposition completions; 5 years for eligible misdemeanor convictions. Act 346 of 2013 created a broad expungement framework. Violent felonies and sex offenses are excluded. Filing fee applies. Successful expungement restores most civil rights.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §5-64-419. Marijuana possession: Class A misdemeanor (4 oz or less, first offense, §5-64-419); Felony (over 4 oz or subsequent offense).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §5-13-201 et seq.. Domestic violence offenses carry additional consequences including protective orders §9-15-101 et seq..

Theft and property crimes

Classification depends on the value of property taken §5-36-101 et seq.. Felony threshold: $1,000 (Class D felony for $1,000–$4,999, §5-36-103).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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