Class A Misdemeanors in Arkansas: A Full Guide
In Arkansas, the State classifies crimes into three categories – violations, misdemeanors, and felonies. Within the misdemeanor category, there are three levels – Class C, Class B, and Class A. Class A is the most severe misdemeanor, resulting in significant fines and, in some cases, jail time. A misdemeanor on your record can also reflect poorly on you in job interviews, hindering your ability to further a career.
In our experience, many of these offenses result from a misunderstanding or miscalculation on the part of the officer or State. We fight for our clients with the goal of eliminating jail time, reducing fines, and, if possible, dismissing or nolle-prossing the charge completely.
If you are facing a Class A misdemeanor charge in Arkansas, this guide is written for you! You can learn more about your exact charge by clicking on the short-links below. If you have any questions that need an immediate answer, our attorneys Kale, Harry from Warden Law Firm, Kyle, or Weston can be available for a free consultation – just call us at 501-868-7500.
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What Are The Penalties for a Class A Misdemeanor in Arkansas?
There are almost 200 Class A misdemeanors in Title 5 of the Arkansas Code, and almost all are all calling for the same thing – up to one year of jail time and up to $2500 in fines.
Some of these are set apart by other state laws. For example, a third degree domestic battery charge results in a permanent revocation of firearm rights under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)).
Most Frequently Committed Class A Misdemeanors in Arkansas
- Battery in the third degree
- Communicating a false alarm (sometimes called swatting)
- Doxing a minor on social media
- Joyriding
- Rioting
- Theft (less than $1,000), and
- Witness tampering
| Classification | Maximum Jail | Maximum Fine |
|---|---|---|
| Class A Misdemeanor | 1 year | $2,500 |
| Class B Misdemeanor | 90 days | $1,000 |
| Class C Misdemeanor | 30 days | $500 |
| Unclassified Misdemeanor | Set by the statute defining the offense — misdemeanor DWI, for example | Set by the statute defining the offense — misdemeanor DWI, for example |
| Violation | None | $100, unless the statute sets a different limit |
Planning a Crime
Any of the following charges are Class A misdemeanors if the attempted, solicited, or planned crime was a Class D felony, like theft of property between $1,000 and $5,000.
Criminal Attempt
A criminal attempt charge can arise when someone intentionally takes a substantial step toward committing a crime, even if they never complete it. For example, someone caught trying to force open a locked vehicle to steal items inside could face an attempt charge. The prosecution must establish conduct that strongly supports a criminal purpose, rather than thoughts or vague preparation alone (Arkansas Code § 5-3-203(6)).
Criminal Solicitation
Criminal solicitation involves intentionally asking, urging, or directing another person to commit a specific crime or help carry it out. A charge could follow messages asking a friend to break into a vehicle or offering someone money to commit a theft. The requested crime does not have to happen for prosecutors to pursue a solicitation charge (Arkansas Code § 5-3-301(b)(6)).
Criminal Conspiracy
Criminal conspiracy involves an agreement to commit a crime or help plan or carry it out, followed by an act advancing that agreement. For example, two people might agree to break into parked vehicles, and one obtains tools for their plan. Prosecutors must establish both the criminal agreement and an act furthering it. Friendship or presence alone is insufficient (Arkansas Code § 5-3-404(6)).
Violent Crimes
These violent misdemeanors span anything from kidnapping to negligent homicide. Several of them are first classified as a Class A misdemeanor, but can be escalated to a felony if exigent circumstances apply.
Negligent Homicide
Negligent homicide involves causing another person’s death by failing to recognize a substantial and unjustifiable risk. Misdemeanor negligent homicides can result from fatal traffic collision involving seriously unsafe driving. Prosecutors must prove more than an ordinary mistake or accident: the conduct must grossly depart from reasonable care. If the death was a result of a deadly weapon, the charge is lifted to a Class D felony, and if it was the result of driving while intoxicated, it is a Class B felony (Arkansas Code § 5-10-105(b)(3)).
Kidnapping (False Imprisonment in the 2nd Degree)
False imprisonment in the second degree involves knowingly restraining another person without their consent or lawful authority, substantially interfering with their freedom. A charge could arise from locking someone in a room, physically blocking their exit during an argument, or holding them down to prevent them from leaving. Prosecutors must establish substantial restraint; an unwanted conversation or disagreement alone does not establish the offense (Arkansas Code § 5-11-104(b)).
Battery/Assault/Threats
Battery in the Third Degree
Battery in the third degree can arise from a fight, a punch during an argument, or a shove that causes physical injury. The charge generally involves purposeful or reckless injury, but it also covers negligent injury with a deadly weapon and certain instances of administering a substance without consent. If the defendant spits or throws waste at a first-responder, the conviction brings a mandatory $2,500 fine and at least 30 years in jail. The circumstances, injuries, and person’s mental state determine whether this misdemeanor or a more serious charge applies (Arkansas Code § 5-13-203(b)(1)).
Assault in the First Degree
Assault in the first degree involves reckless conduct creating a substantial risk of death or serious physical injury, even when no injury occurs. A charge could arise from dangerously throwing a heavy object near someone or other conduct exposing them to serious harm. The statute also covers purposely interfering with breathing or blood circulation through specified throat, neck, nose, or mouth contact (Arkansas Code § 5-13-205(b)).
Coercion
Coercion involves using specified threats to make someone do something they have a legal right to refuse, or stop doing something they have a legal right to do. Examples could include threatening to hurt someone unless they leave a gathering or threatening to expose an embarrassing secret unless they comply with a demand. Ordinary persuasion or an argument alone does not establish coercion (Arkansas Code § 5-13-208(b)).
Sports Official Assault
aThis charge can arise when a player, coach, or spectator purposely makes a referee or umpire fear imminent physical injury immediately before, during, or immediately after an organized sporting event. Examples could include charging toward an official with a raised fist or threatening an immediate attack. Physical contact is unnecessary, but criticism of a call alone does not establish the offense (Arkansas Code § 5-13-209(b)(4)).
Sports Official Battery
This charge involves purposely injuring a referee, umpire, or other athletic contest official immediately before, during, or immediately after an organized sporting event. It could follow a punch over a disputed call or an intentional shove that causes injury. The misdemeanor version carries a minimum $2,500 fine; conduct causing serious physical injury can support a felony charge (Arkansas Code § 5-13-209(b)(3)).
2nd Degree Terroristic Threatening
Terroristic threatening in the second degree involves threatening physical injury or property damage with the purpose of terrorizing another person. A charge could follow threatening texts during a breakup, threats to hit a neighbor, or threats to damage someone’s vehicle during a dispute. Prosecutors must establish the threatening conduct and the required purpose; threatening to kill someone supports a Class D felony (Arkansas Code § 5-13-301(b)(2)).
Firearm and Weapons Charges
Possessing an Instrument of Crime
This charge involves possessing an instrument with the purpose of using it to commit a crime. For example, police might find bolt cutters or a pry bar alongside evidence of a planned break-in. Possessing tools for work or another lawful purpose does not, by itself, establish the required criminal purpose (Arkansas Code § 5-73-102(b)).
Possession of a Firearm by Certain Persons
The misdemeanor version can apply when someone prohibited from possessing firearms because of a qualifying mental-health adjudication or involuntary commitment to a mental health facility possesses a gun. Police might discover the firearm during a traffic stop or another investigation. A diagnosis or voluntary treatment alone does not establish these prohibitions (Arkansas Code § 5-73-103(c)(3)).
Use of Metal Knuckles
Knowingly possessing metal knuckles, commonly called brass knuckles, can support this misdemeanor charge even when no one is struck. Police might discover them in a pocket, bag, or vehicle during an investigation. The item must qualify as metal knuckles, and statutory exclusions and defenses can affect whether the possession is unlawful (Arkansas Code § 5-73-104(b)(2)).
Possession of a Defaced Firearm
This misdemeanor provision addresses a firearm whose required serial number or identification mark is covered or obstructed but remains retrievable. A charge could arise when police discover a gun with a deliberately concealed marking during a search. On the other hand, knowingly possessing a firearm where the marking was removed, destroyed, or otherwise altered results in a felony charge (Arkansas Code § 5-73-107(c)(2)).
Furnishing a Deadly Weapon to a Minor
This charge can arise when someone sells, lends, or gives a minor a firearm or other deadly weapon without the required parental or guardian consent. Providing a rifle or shotgun outside an authorized arrangement could raise this issue. Handguns, explosives, metal knuckles, defaced firearms, and other specifically prohibited implements fall under the statute’s felony provision (Arkansas Code § 5-73-109(b)(1)).
Handgun Possession by a Minor
A person under 18 can face this charge for possessing a handgun outside a statutory exception. Police might discover the handgun during a traffic stop, an investigation, or an encounter in a public place. Supervised recreational shooting and other specified activities have exceptions. Qualifying prior adjudications or convictions, and possession on school property, can lead to felony charges (Arkansas Code § 5-73-119(a)(2)(A)).
Carrying a Weapon
This charge involves having a handgun, qualifying knife, or club readily available with the purpose of attempting to use it unlawfully against another person. It could arise when someone brings a weapon to a confrontation intending an unlawful attack. Carrying a firearm or knife for a lawful purpose alone does not establish this offense (Arkansas Code § 5-73-120(d)).
Tear Gas or Pepper Spray
This charge can involve knowingly possessing tear gas, pepper spray, or a device designed to discharge it outside the statute’s exceptions. Examples could include possessing a tear-gas grenade or carrying a spray container exceeding the permitted capacity. Arkansas allows qualifying self-defense spray containers of no more than 300 milliliters, so don’t worry if you are carrying around a standard pepper spray device for self defense (Arkansas Code § 5-73-124(a)(1)).
Selling, Renting, or Transferring a Firearm to a Prohibited Person
This charge involves providing a firearm to someone the seller or transferor knows cannot legally possess it. A misdemeanor example could involve knowingly giving or lending an ordinary rifle or shotgun to a prohibited person. Transfers involving handguns, explosives, defaced firearms, or other listed prohibited implements carry felony classifications under this statute (Arkansas Code § 5-73-132(b)(1)).
Sex Crimes
Arkansas classifies certain sex offenses as Class A misdemeanors, including public sexual indecency, some forms of indecent exposure, and certain video voyeurism offenses. The facts of the case and any qualifying prior convictions can affect whether the charge is a misdemeanor or a felony.
Sexual Assault (Fourth Degree)
The misdemeanor version of sexual assault in the fourth degree involves a person age 20 or older engaging in sexual contact with someone under 16 who is not their spouse (not intercourse, contact). A charge could arise from allegations of sexual touching during an encounter or relationship, including touching through clothing. Prosecutors must establish the qualifying contact and ages. Intercourse, other specified sexual activity, or additional circumstances can support felony charges (Arkansas Code § 5-14-127(b)(2)).
Registered Offender With Wrong Address on ID
This charge can arise when someone required to register as a sex offender knowingly possesses an Arkansas driver’s license or identification card showing an incorrect permanent residential address. Police might discover the discrepancy during a traffic stop or address verification. Providing the legally required change-of-address notice is an affirmative defense. Knowingly supplying false information to obtain the identification is a separate felony offense (Arkansas Code § 5-14-130(c)(2)).
Voyeurism
Voyeurism involves knowingly engaging in certain unauthorized viewing for sexual arousal or gratification. Allegations could arise from peering into an occupied fitting room or entering someone’s property without permission to look through a bedroom window. The charge does not require taking a photograph or recording a video. It is generally a Class A misdemeanor, but the person’s prior convictions, the victim’s age, and certain relationships of trust or authority can make it a felony (Arkansas Code § 5-16-102(c)(3)).
Bestiality
Bestiality involves performing or submitting to specific sexual acts with an animal for sexual gratification. An investigation may begin after a witness reports suspected conduct, someone discovers a recording, or an animal-abuse investigation uncovers evidence of sexual activity. Prosecutors must establish conduct meeting the statute’s specific definition; suspicious behavior or inappropriate handling alone does not establish this offense. Arkansas classifies bestiality as a Class A misdemeanor (Arkansas Code § 5-14-122(c)).
Exposure
Public Sexual Indecency
Public sexual indecency involves sexual intercourse, deviate sexual activity, or sexual contact in a public place or public view. A charge could arise when people engage in sexual activity in a park, parking lot, or vehicle visible to others. Consent between the participants does not eliminate the public-setting element of the offense. Prosecutors must establish the specified sexual conduct and where it occurred (Arkansas Code § 5-14-111(b)).
Indecent Exposure
Indecent exposure involves exposing one’s sex organs for sexual arousal or gratification, either publicly or under circumstances the person knows are likely to cause affront or alarm. Examples could include deliberately exposing oneself to a passerby or flashing someone during an encounter. Accidental exposure or public urination alone does not establish the required sexual purpose. Qualifying repeat convictions and conduct in a correctional or detention facility can elevate the charge to a felony (Arkansas Code § 5-14-112(b)(1)).
Video-Related
Unlawful Creation or Distribution of Deepfake Visual Material
This charge involves knowingly creating or distributing realistic, fabricated material that depicts an identifiable person nude or engaged in specified sexual conduct without their consent. Allegations could arise from using AI to create a fake intimate image of an ex-partner or knowingly sharing that image with others. A first offense is a Class A misdemeanor; a second or subsequent offense is a Class D felony (Arkansas Code § 5-14-139(c)(1)).
Video Voyeurism Involving Dissemination or a Qualifying Prior Conviction
This version of video voyeurism involves secretly using equipment to view or capture a private portion of another person’s body without their knowledge or consent in a place where they have a reasonable expectation of privacy. It starts as a Class B misdemeanor, but it becomes a Class A misdemeanor when the person distributes the material, posts it online, or has a qualifying prior conviction. An allegation could involve secretly photographing beneath someone’s clothing and sending the image to another person. If the person being videoed was in their home, business, school or other structure, this offense is charged as a felony (Arkansas Code § 5-16-101(c)(2)(B)).
Unlawful Distribution of an Intimate Image
This charge involves someone age 18 or older purposely sharing an intimate image of an identifiable person without that person’s consent. Allegations could involve forwarding a private photograph to friends or posting an intimate video online. Consent to taking or originally receiving the image does not authorize sharing it, and a first offense without the specified harmful purpose or receipt of anything of value is a Class A misdemeanor (Arkansas Code § 5-26-314(d)(3)).
Obscenity and Prostitution
Possession of an Obscene Film
Arkansas’s statutory text lists possession of an obscene film as a Class A misdemeanor. However, this should not be described as a general ban on possessing adult pornography. The Constitution protects mere private possession of adult obscene material in the home. An allegation would require careful review of the material, where it was possessed, and the constitutional limits on prosecution. Selling or distributing an obscene film falls under a separate felony provision (Arkansas Code § 5-68-203).
Prohibited Nudism-Related Conduct
This provision addresses promoting, demonstrating, or advocating nudism, including allowing property to be used for those purposes. The statute defines nudism as a social practice involving exposed private parts in the presence of someone of the opposite sex. Allegations could involve organizing a nudist gathering or knowingly providing property for one. The statutory text lists a Class A misdemeanor, but exceptions and constitutional limits require review before treating a particular activity as criminal (Arkansas Code § 5-68-204).
Possession of Obscene Matter
This statute lists certain knowing possession of obscene printed or written material as a Class A misdemeanor. For mailable matter, it requires knowledge that the material was previously judicially determined to be obscene. An allegation could involve possessing publications covered by that determination. However, private possession of adult obscene material in the home is constitutionally protected. Possession for sale or distribution falls under the statute’s separate felony provision (Arkansas Code § 5-68-405).
Prostitution
Prostitution involves engaging in, offering, or agreeing to engage in sexual activity in return for an expected fee. Allegations could arise from messages arranging a paid encounter or an agreement made during an undercover investigation. Sexual activity does not have to occur for the charge to be brought against someone. A first offense is a Class B misdemeanor; a second or subsequent offense is a Class A misdemeanor. The statute excludes conduct committed while the person was a trafficking victim (Arkansas Code § 5-70-102(b)(2)).
Sexual Solicitation
Sexual solicitation includes offering or agreeing to pay someone for sexual activity, or requesting sexual activity in return for a fee. Allegations could arise from text messages, online conversations, or an exchange with an undercover officer. Payment and sexual activity do not have to occur when the alleged offer or agreement satisfies the law. A first offense is a Class A misdemeanor; a second or subsequent offense is a Class D felony (Arkansas Code § 5-70-103(b)(1)).
Promoting Prostitution in the Third Degree
This charge involves knowingly advancing or profiting from prostitution. It also covers someone with an ownership or possessory interest in property who knows prostitution occurs there and fails to make reasonable efforts to stop it. Allegations could involve arranging paid encounters, collecting a share of the proceeds, or knowingly allowing property to support the activity. A first offense is a Class A misdemeanor with a mandatory $2,500 fine; repeat offenses are Class D felonies (Arkansas Code § 5-70-106(b)(1)).
Domestic Crimes
Arkansas classifies several domestic violence offenses as Class A misdemeanors, including most cases of domestic battering in the third degree, first-degree assault on a family or household member, and certain violations of an order of protection. Depending on the charge, qualifying prior offenses or pregnancy-related circumstances can raise the offense to a felony.
Domestic Violence
3rd Degree Domestic Battering
This charge generally involves purposely or recklessly causing physical injury to a family or household member. Allegations could arise from hitting, pushing, or grabbing someone during an argument and causing injury. The law also covers certain negligent injuries involving a deadly weapon and administering substances without consent. It is generally a Class A misdemeanor, but if the alleged victim was pregnant during the altercation, the charge can be enhanced to a Class D felony (Arkansas Code § 5-26-305(b)(1)).
1st Degree Assault on Family/Household Member
This charge involves reckless conduct that creates a substantial risk of death or serious physical injury to a family or household member. Allegations could involve throwing a heavy object near someone or dangerously operating a vehicle with a family member inside. An actual injury is not required, but the prosecution must establish the substantial risk and qualifying relationship. The offense is a Class A misdemeanor (Arkansas Code § 5-26-307(b)).
Marraige and Family Crimes
Bigamy
Bigamy involves going through a purported marriage to another person while already married. Allegations could arise when someone remarries before a divorce becomes final or conceals an existing marriage from a new partner. The offense is a Class A misdemeanor. The law recognizes defenses involving reasonable beliefs that the previous spouse had died, the earlier marriage had legally ended, or the person was otherwise legally eligible to marry (Arkansas Code § 5-26-201(c)).
2nd Degree Unlawful Solicitation for Relinquishment of Parental Rights
This charge involves offering a prohibited payment or other thing of value to obtain consent to adopt an unborn baby. Allegations could involve offering a biological parent or qualifying relative money or gifts specifically in exchange for adoption consent. The payment must fall outside what adoption law permits. The basic offense is a Class A misdemeanor; using threats, fraud, coercion, or other specified methods makes it a Class D felony (Arkansas Code § 5-26-204(b)(1)(B)).
Visitation and No-Contact Orders
Violation of an Extended Post-Conviction No Contact Order
This charge involves knowingly violating a no contact order issued after a qualifying criminal conviction. Allegations could arise from sending prohibited text messages, visiting the protected person’s home, or contacting them through social media when the order forbids it. The specific terms of the order determine what conduct is prohibited. A knowing violation is a Class A misdemeanor. This is separate from violations involving pretrial orders (Arkansas Code § 5-4-106(h)).
Nonsupport
Nonsupport involves failing to provide required support for a qualifying spouse or child. Allegations could arise from unpaid child support or failing to support a dependent spouse. The basic offense is a Class A misdemeanor. A prior nonsupport conviction, leaving Arkansas to avoid payment, or qualifying amounts of past-due child support can raise the charge to a felony (Arkansas Code § 5-26-401(b)(1)).
Interference with Visitation
This charge involves taking or keeping a child from someone entitled to court-ordered visitation while knowing there is no lawful right to do so. Allegations could involve deliberately withholding a child during scheduled parenting time. A third or subsequent offense is a Class A misdemeanor when the child remains in Arkansas. Taking or keeping the child outside Arkansas triggers felony grading. The law recognizes specific defenses, including reasonable action to protect against imminent physical harm (Arkansas Code § 5-26-501).
Interference With Court-Ordered Custody
This version involves knowingly taking or keeping a child from someone entitled to custody under a court order without a lawful right. Allegations could involve refusing to return a child after a visit. The basic offense is a Class A misdemeanor; taking the child outside Arkansas or from a domestic abuse victim shelter is raised to a felony (Arkansas Code § 5-26-502(b)(1)(A)).
Interference With Court-Ordered Custody by Accepting Prohibited Custody
This version concerns someone accepting physical custody of a child removed from them or placed under a dependency-neglect order prohibiting their care or supervision. Allegations could involve accepting the child back through an informal family arrangement. A first offense is a Class A misdemeanor; a subsequent offense is a Class C felony (Arkansas Code § 5-26-502(b)(4)(A)).
Interference With Court-Ordered Custody by Prohibited Placement
This version concerns a custodian, adoptive parent, or guardian appointed through a dependency-neglect case who places the child with someone prohibited from providing care. Allegations could involve returning the child to the person from whom they were removed without court authorization. A first offense is a Class A misdemeanor; subsequent offenses are Class C felonies (Arkansas Code § 5-26-502(b)(3)(A)).
Crimes Against Minors
Arkansas classifies several offenses involving minors as Class A misdemeanors, including endangering the welfare of a minor in the second degree, contributing to the delinquency of a minor, and a first offense of harboring an endangered runaway minor. The facts that matter vary by charge, from the risk of serious harm to what the accused knew about the minor’s circumstances.
2nd Degree Endangering the Welfare of an Incompetent Person
This charge involves knowingly creating a substantial risk of serious physical or mental harm to someone the accused knows is legally considered incompetent. Allegations could involve exposing a person unable to protect themselves to dangerous conditions or unsafe activities. The prosecution must establish the required knowledge and substantial risk of serious harm. An actual injury is not required. The offense is a Class A misdemeanor (Arkansas Code § 5-27-202(b)).
2nd Degree Endangering the Welfare of a Minor
This charge involves knowingly creating a substantial risk of serious physical or mental harm to someone known to be a minor. Allegations could arise from exposing a child to dangerous driving or other hazardous conduct. The circumstances must establish a substantial risk of serious harm, rather than simply poor judgment. The child does not have to suffer an actual injury. The offense is a Class A misdemeanor (Arkansas Code § 5-27-206(b)).
Offensive Relations With a Child
This charge applies when someone age 21 or older knowingly places their open mouth on the mouth of a child age 13 or younger for the purpose of inducing sexual activity. An allegation could arise from an adult kissing a child as part of an effort to initiate sexual contact. The prosecution must establish the specific conduct, ages, and prohibited purpose. The offense is a Class A misdemeanor (Arkansas Code § 5-27-208(b)).
Contributing to the Delinquency of a Minor
This charge involves an adult knowingly helping, causing, or encouraging a minor to engage in unlawful conduct or certain habitual behaviors. Allegations could involve encouraging shoplifting, helping a child repeatedly skip school, or encouraging repeated unauthorized absences from home. The prosecution must connect the adult’s conduct to a behavior covered by the statute. The offense is a Class A misdemeanor (Arkansas Code § 5-27-209(b)).
Furnishing a Harmful Item to a Minor
This charge concerns knowingly providing material that meets the legal definition of harmful to minors while knowing its character. Allegations could involve showing qualifying sexually explicit material to a child or sending it directly to someone believed to be a minor in Arkansas. Material does not qualify simply because someone considers it inappropriate. The statutory classification is a Class A misdemeanor, and the material’s content, context, and method of delivery matter (Arkansas Code § 5-27-212(d)).
Contributing to the Delinquency of a Juvenile
This separate provision covers willfully causing, helping, or encouraging conduct that would make a minor a delinquent juvenile or a juvenile in need of supervision. Allegations could involve helping a teenager commit theft or encouraging behavior that brings the child within juvenile court jurisdiction. The charge must identify the specific act attributed to the accused. The offense is a Class A misdemeanor (Arkansas Code § 5-27-220(a)).
Providing Tobacco or Nicotine Products to Minors
This provision prohibits giving, selling, or bartering tobacco, vaping products, certain nicotine products, or cigarette papers to a minor. Allegations could involve buying these products for a teenager or handing them over outside a store. Conduct covered by the criminal penalty provision is a Class A misdemeanor. A separate penalty applies to qualifying employees or owners who commit the violation inside a permitted retail location (Arkansas Code § 5-27-227(a)(2)).
Harboring an Endangered Runaway Minor
This charge involves knowingly harboring a minor who qualifies as an endangered runaway for at least 72 hours. Allegations could involve allowing the minor to stay in a home while knowingly sheltering them as an endangered runaway. The prosecution must establish the child’s qualifying status, the accused’s knowledge, and the required duration. A first offense is a Class A misdemeanor; a second or subsequent offense is a Class D felony (Arkansas Code § 5-27-234(b)(1)).
Possession of Sexually Explicit Digital Material by a Minor
This charge covers a minor purposely creating, possessing, sending, posting, or otherwise handling qualifying sexually explicit digital material depicting a minor. Allegations could arise from sexting or forwarding an image through a group chat. The law provides defenses for recipients of the unsolicited images who promptly delete the images without redistribution, as well as those minors who have a nude photo of themselves and do not share it with anyone. This offense is a Class A misdemeanor, with an eight-hour community-service option for a first offense (Arkansas Code § 5-27-609(d)(1)).
Unlawful Doxxing of a Minor on a Social Media Platform
This charge involves prohibited social media communications intended to frighten, threaten, harass, or otherwise target a minor that causes reasonable fear of physical injury. Allegations could involve maliciously posting a child’s address alongside threatening messages. The basic offense is a Class A misdemeanor. Physical injury, death, or monetary loss of at least $500 can trigger felony grading (Arkansas Code § 5-27-610(c)(2)).
Exploitation of an Endangered or Impaired Person
This charge concerns unlawfully exploiting the property, assets, or resources of someone protected as an endangered or impaired person. Allegations could involve improperly taking a vulnerable person’s money or using their resources for someone else’s benefit. The exploitation offense is a Class A misdemeanor when the value involved is $200 or less. Higher values trigger felony classifications, while abuse and neglect have separate penalties (Arkansas Code § 5-28-103(d)(3)).
Property Crimes
Arkansas classifies certain property crimes as Class A misdemeanors, including some cases of theft of property, theft by receiving, and criminal mischief. The classification depends on the specific charge, the value of the property or the amount of actual damage, and any circumstances that raise the offense to a felony.
Theft
Theft of Property
Theft of property involves knowingly taking or controlling someone else’s property without authorization, or obtaining it through deception or threats, with the purpose of depriving the owner. Allegations could involve shoplifting, taking a coworker’s belongings, or keeping money obtained through a dishonest transaction. The ordinary Class A misdemeanor category covers property worth $1,000 or less, and even covers property that has “inherent” value to the owner, even if it has no market value (Arkansas Code § 5-36-103(b)(4)(A)-(C)).
Theft of Services
This charge involves obtaining paid services through deception or other prohibited means with the purpose of avoiding payment, or improperly diverting services for someone’s benefit. Allegations could involve deliberately leaving a restaurant without paying or fraudulently obtaining utility service. The ordinary misdemeanor category covers services worth $1,000 or less, but threats and certain utility-related circumstances can change the classification. A disputed or unpaid bill alone does not establish fraudulent intent (Arkansas Code § 5-36-104(c)(4)).
Theft by Receiving
Theft by receiving involves receiving, keeping, or disposing of stolen property while knowing or having good reason to believe it was stolen. Allegations could arise from buying stolen electronics at a suspiciously low price or holding stolen belongings for someone else. The accused does not have to be the original thief. The ordinary Class A misdemeanor category covers property worth $1,000 or less, but firearms, payment cards, and other statutory circumstances can trigger felony charges (Arkansas Code § 5-36-106(e)(4)).
Unauthorized Use of a Vehicle
This charge involves knowingly taking, operating, or exercising control over another person’s vehicle without the owner’s consent. Allegations could involve taking a relative’s car without permission or using an employer’s vehicle for an unauthorized trip. Unlike theft, this offense does not require proof of a purpose to deprive the owner of the vehicle. Unauthorized use of a vehicle is a Class A misdemeanor (Arkansas Code § 5-36-108(b)).
Theft of Leased, Rented, or Entrusted Personal Property
This charge concerns wrongfully taking, selling, hiding, converting, or otherwise appropriating property that someone rented, leased, or entrusted to the accused. Allegations could involve selling rented equipment or keeping borrowed property with fraudulent intent. A late return alone does not explain every element of the offense; intent, notice, and statutory defenses matter. The ordinary Class A misdemeanor category covers property worth $1,000 or less (Arkansas Code § 5-36-115(g)(4)).
Theft by Receiving of Scrap Metal
This charge involves receiving, buying, keeping, or disposing of another person’s scrap metal while knowing or reasonably having reason to know it was stolen. Allegations could involve purchasing stolen copper wire or helping someone sell stolen metal to a recycler. A first offense involving scrap metal worth $1,000 or less is a Class A misdemeanor. A second or subsequent offense, or a value above $1,000, makes it a Class D felony (Arkansas Code § 5-36-124(b)(1)).
Unlawful Transfer of Stolen Property to a Pawn Shop or Pawnbroker
This charge involves selling, pawning, or otherwise transferring an ownership interest in stolen property to a pawn shop while knowing or having good reason to believe it was stolen. Allegations could involve pawning stolen jewelry, tools, or electronics, including property stolen by someone else. The basic offense is a Class A misdemeanor. A second or subsequent offense within five years of a prior offense is a Class D felony (Arkansas Code § 5-36-125(b)(1)).
Theft of Wireless Service
This charge involves purposely obtaining wireless service through an unlawful wireless device or without the provider’s consent. Allegations could involve using an improperly programmed device to obtain cellular service without authorization. The basic Class A misdemeanor category applies when the total service value is $1,000 or less. Higher values and other specified circumstances, including certain threatening communications, can trigger felony charges (Arkansas Code § 5-36-303(b)(1)).
Facilitating Theft of Wireless Service with Devices
This charge addresses making, modifying, possessing, selling, or distributing wireless devices for prohibited purposes involving unauthorized service or concealing communications. Allegations could involve programming a device to help someone obtain cellular service without the provider’s permission or supplying it knowing its intended use. The Class A misdemeanor category applies when the total service obtained is worth $500 or less. Higher values and other statutory circumstances can trigger felony charges (Arkansas Code § 5-36-304(b)(1)).
Unlawful Possession of a Theft Detection Shielding Device
This charge involves knowingly possessing a specially designed bag or device intended to shield merchandise from store alarm sensors, with the intent to commit theft. Allegations could arise when someone brings such a device into a store as part of an alleged shoplifting plan. The prosecution must establish both the qualifying device and theft intent. A first offense is a Class A misdemeanor; a subsequent violation is a Class D felony (Arkansas Code § 5-36-402(b)(1)).
Unlawful Possession of a Theft Detection Device Remover
This charge involves knowingly possessing a tool designed to remove merchandise security devices, with the intent to use it without the merchant’s or owner’s permission. Allegations could involve carrying a security-tag remover into a store with plans to remove tags from merchandise. Possession must be accompanied by the prohibited intent. A first offense is a Class A misdemeanor; a subsequent violation is a Class D felony (Arkansas Code § 5-36-403(b)(1)).
Unlawful Removal of a Theft Detection Device
This charge involves knowingly removing a security device from merchandise before purchase with the intent to commit theft. Allegations could involve removing a store’s security tag while preparing to take an item without paying. The prosecution must establish the removal, its timing, and theft intent. A first offense is a Class A misdemeanor; a subsequent violation is a Class D felony (Arkansas Code § 5-36-404(b)(1)).
Damage and Trespass
1st Degree Criminal Mischief
This charge can arise when someone deliberately damages or destroys another person’s property without legal justification. For example, someone who intentionally scratches a neighbor’s car and causes $600 in damage could face a Class A misdemeanor. That classification generally applies when actual damage is $1,000 or less. Damage to critical infrastructure is a Class B felony regardless of the dollar amount (Arkansas Code § 5-38-203(b)(1)).
2nd Degree Criminal Mischief
This charge can arise when someone recklessly damages another person’s property or deliberately tampers with it and causes substantial inconvenience. For example, someone who recklessly drives a recreational vehicle through a neighbor’s yard and causes $1,500 in fence damage could face this charge. The Class A misdemeanor applies when actual damage is at least $1,000 but less than $5,000 (Arkansas Code § 5-38-204(b)(1)).
Impairing the Operation of a Vital Public Facility
The Class A misdemeanor can arise when someone, without reasonable grounds to believe they have a right to act, knowingly causes a substantial interruption at a vital public facility through fighting or other disruptive conduct. For example, a fight in a county jail intake area could lead to this charge if it substantially interrupts intake operations (Arkansas Code § 5-38-205(b)(2)).
Willful Removal or Destruction of a Legal Survey Landmark
This Class A misdemeanor covers willfully removing, defacing, or destroying a marker established by a legal survey to identify a property boundary. An allegation could involve pulling up a survey monument during a boundary dispute or deliberately cutting down a tree designated by a legal survey as a boundary marker (Arkansas Code § 5-38-214(a)).
Unlawful Burning
This Class A misdemeanor covers several unsafe or prohibited fire activities. Examples include burning brush without taking necessary precautions, allowing a debris fire to spread onto a neighbor’s land, or burning flammable material during an applicable outdoor burn ban. The law provides exceptions to the burn ban provision for certain permitted burns and qualifying postharvest burning (Arkansas Code § 5-38-310(b)).
Criminal Trespass
Criminal trespass involves purposely entering or remaining unlawfully in someone else’s vehicle or on premises someone else owns or leases. The Class A misdemeanor can apply when someone carries a specified device, such as bolt cutters, trespasses at a commercial fish farm with a fishing pole or net, or has a qualifying prior conviction. Critical infrastructure and certain repeat convictions trigger felony grading (Arkansas Code § 5-39-203(b)(2)(A)-(C)).
Forcible Possession of Land
This Class A misdemeanor can arise when someone takes or keeps possession of real estate through force or violence without legal authority. It also covers certain conduct by someone armed with a deadly or dangerous weapon who uses violence or puts another person in fear of immediate harm to obtain or keep possession. An allegation could involve physically forcing a lawful occupant out of a building to take it over (Arkansas Code § 5-39-210).
Unlawful Squatting
This charge can arise when someone knowingly moves into a vacant house without lawful authority and cannot produce any of the documents the statute accepts. The premises must have been closed to the public at entry, the owner must direct the person to leave or report the conduct to law enforcement, and no litigation between them may be pending. A second offense is a Class A misdemeanor (Arkansas Code § 5-39-215).
Leaving Open Another Person’s Enclosure
This Class A misdemeanor can arise when someone breaks or pulls down a fence enclosing another person’s property, or opens a gate and fails to close it. An allegation could involve opening a pasture gate to cross a farm and leaving it open afterward, or breaking a section of fence around another person’s enclosed land (Arkansas Code § 5-39-301).
Criminal Trespass on Premises in an Unincorporated Area
This charge can arise when someone purposely enters certain property outside city or town limits without the owner’s or lessee’s written permission. For example, entering another person’s timberland with a hunting rifle can fall within the Class A misdemeanor provision. That grade also covers specified fishing equipment at commercial fish operations and certain prior convictions. Cropland, timberland, and qualifying fenced property can be covered even without posted signs (Arkansas Code § 5-39-305).
White Collar Crime
Arkansas classifies certain white collar offenses as Class A misdemeanors, including falsifying a business record, issuing a false financial statement, and some cases of credit or debit card fraud. Depending on the offense, the amount involved and other circumstances can raise the charge to a felony.
Fraud
Falsifying a Business Record
This charge involves creating false business entries, altering accurate records, or improperly preventing or omitting required entries with the purpose to defraud or injure. Allegations could involve changing payroll records, deleting sales transactions, or creating false invoices to conceal missing money. The prosecution must establish the prohibited purpose, rather than an ordinary bookkeeping mistake. The offense is a Class A misdemeanor (Arkansas Code § 5-37-202(b)).
Issuing a False Financial Statement
This charge involves making, delivering, or endorsing a written financial statement known to be materially inaccurate, with the purpose to defraud or injure. Allegations could involve knowingly inflating assets or concealing debts in a financial statement submitted to obtain credit. The inaccuracy must concern a material fact, and the required fraudulent or harmful purpose must be established. The offense is a Class A misdemeanor (Arkansas Code § 5-37-205(b)).
Receiving a Deposit in a Failing Financial Institution
This charge applies to an officer, manager, or another person directing a financial institution who knowingly accepts or permits a deposit or investment while knowing the institution is insolvent and failing to disclose its condition. Allegations could involve management continuing to accept customer funds while concealing known insolvency. Financial difficulty alone does not establish every element. The offense is a Class A misdemeanor (Arkansas Code § 5-37-206(b)).
Fraudulent Use of a Credit Card or Debit Card
This charge involves using a card or account number to obtain property or services with fraudulent intent while knowing the use is unauthorized, stolen, forged, revoked, or canceled. Allegations could involve using someone else’s card for online purchases without permission. It is a Class A misdemeanor when the total obtained during any six-month period is $1,000 or less. Higher amounts trigger felony charges (Arkansas Code § 5-37-207(b)(4)).
Criminal Impersonation in the Second Degree
This charge involves acting under a false identity or another specified false role with the purpose to injure, defraud, harass, or intimidate someone. Allegations could involve posing as a company representative to collect money or impersonating a government employee to pressure another person. The basic offense is a Class A misdemeanor. Conduct resulting in the seizure of an animal from its owner can trigger felony grading (Arkansas Code § 5-37-208(b)(2)(B)).
Unlawfully Using a Slug
This charge concerns using a counterfeit or unauthorized coin substitute to fraudulently obtain property or services from a coin-operated machine. It also covers making, possessing, or transferring a slug for that fraudulent purpose. Allegations could involve using a substitute token to obtain vending-machine merchandise without proper payment. The offense is a Class A misdemeanor when the value of the property or slug does not exceed $500 (Arkansas Code § 5-37-212(b)(2)).
Criminal Simulation
Criminal simulation involves making, altering, or misrepresenting an object so it appears to have an authenticity, origin, rarity, or composition it does not possess, with the purpose to defraud or injure. Allegations could involve passing off a reproduction as an antique or falsely representing an artist’s work. Knowingly possessing or transferring such an object with the prohibited purpose also qualifies. The misdemeanor category applies when the object’s value does not exceed $100 (Arkansas Code § 5-37-213(b)(2)).
Use of a False Postsecondary Transcript, Diploma, or Grade Report
This charge covers creating counterfeit college records, presenting false or altered records as genuine, or fraudulently using postsecondary educational records. Allegations could involve submitting a fake diploma with a job application or changing grades on a transcript submitted to another school. The statute also addresses helping create counterfeit documents. A violation is a Class A misdemeanor (Arkansas Code § 5-37-225(d)).
Filing an Unlawful Instrument Affecting Real Property
This charge involves knowingly recording an inauthentic document to impair someone’s property interest or obtain something of value for clearing the document from public records. Allegations could involve filing a fabricated lien to obstruct a property sale or pressure the owner into paying money. The basic offense is a Class A misdemeanor. Repeat convictions and specified retaliation against public officials can trigger felony charges. Victims can file a civil suit for loss or damages (Arkansas Code § 5-37-226(b)(1)(a)).
Gift Card Fraud
Gift card fraud involves fraudulently obtaining or keeping gift cards or redemption information to deprive an owner of property, or knowingly using information obtained through those methods. Allegations could involve deceiving someone into surrendering a redemption code or using a gift card known to have been fraudulently obtained. The Class A misdemeanor provision applies when the relevant value, including qualifying transactions aggregated over 120 days, is less than $1,000 (Arkansas Code § 5-37-229(c)(4)).
False Animal Registration or Pedigree
This charge involves obtaining an animal’s registration or registration transfer through false pretenses, or knowingly providing a false pedigree. Allegations could involve submitting false parentage information to a breed registry or supplying a buyer with fabricated ancestry records. The statute concerns domestic animals, including livestock and other qualifying animals. The offense is a Class A misdemeanor (Arkansas Code § 5-37-503).
Unauthorized Copying or Sale of Recordings
Also known as “bootlegging,” this charge addresses prohibited copying and commercial dealings in recordings without the required authorization, along with certain labeling violations. Allegations could involve selling unauthorized copies of music or movies. A first offense involving fewer than 100 sound recordings or fewer than seven audiovisual recordings falls within the Class A misdemeanor provision. Larger quantities or subsequent offenses trigger felony grading (Arkansas Code § 5-37-510(e)(1)).
Cyber Crime
Computer Trespass
Computer trespass involves intentionally accessing, changing, deleting, damaging, or disrupting a computer, network, program, or data without authorization. Allegations could involve entering an employer’s system after access was revoked or deliberately deleting another person’s files. It is a Class A misdemeanor when the resulting loss or damage is at least $500 but less than $2,500. Lower losses carry lesser misdemeanor classifications; losses of $2,500 or more trigger felony charges (Arkansas Code § 5-41-104).
Unlawful Computerized Communications
This charge concerns specified electronic messages sent with the purpose to frighten, intimidate, threaten, abuse, or harass another person. Allegations could involve emailing threats of physical injury or sending computerized messages threatening to damage someone’s property. The message’s content, intended recipient, and sender’s purpose matter when determining whether the conduct satisfies the statute. The offense is a Class A misdemeanor (Arkansas Code § 5-41-108(b)).
Unlawful Act Regarding a Computer
This charge covers specified knowing, unauthorized conduct involving computers, data, programs, equipment, or access devices. Allegations could involve copying restricted files or altering a program without permission. The basic offense is a Class A misdemeanor. It becomes a Class C felony when it furthers a fraud or property scheme, causes more than $500 in damage, or interrupts or impairs a listed public service (Arkansas Code § 5-41-202(b)(1)).
Unlawful Interference With Access to Computers
This charge involves knowingly and without authorization interfering with or denying computer access to someone who has the right and duty to use the system. Allegations could involve changing credentials to lock an authorized employee out of a business network. The basic offense is a Class A misdemeanor. Conduct committed to carry out a fraud or illegally obtain property is a Class C felony (Arkansas Code § 5-41-203(b)(2)).
Unlawful Use or Access to Computers
This charge involves knowingly using, accessing, attempting to access, or causing access to a computer or covered service without authorization. Allegations could involve logging into another person’s account without permission or attempting to enter a restricted company network. The basic offense is a Class A misdemeanor. When committed to carry out a fraud or illegally obtain property, it becomes a Class C felony (Arkansas Code § 5-41-203(b)(2)).
Computer Password Disclosure
This charge involves purposely sharing a password, code, or other means of computer access without authorization when that information is subsequently used to gain access. Allegations could involve giving an outsider confidential workplace credentials that the outsider then uses to enter the network. The basic offense is a Class A misdemeanor. Disclosure committed to carry out a fraud or illegally obtain property is a Class D felony (Arkansas Code § 5-41-206(b)(1)).
Government Fraud
Medicaid Fraud
Medicaid fraud covers specified dishonest conduct involving program benefits, payments, records, or claims. Allegations could involve deliberately billing for services never provided, falsifying treatment records, or concealing information to obtain benefits. The prosecution must establish the mental state required for the particular conduct; a billing mistake alone does not establish fraud. The misdemeanor category applies when aggregate payments illegally claimed are below $2,500 (Arkansas Code § 5-55-103(c); Arkansas Code § 5-55-111(1)-(14)).
Illegal Medicaid Participation
This charge includes knowingly participating directly or indirectly in Arkansas Medicaid after suspension or placement on a state or federal exclusion list. It also covers certain Medicaid providers or fiscal agents allowing people with convictions of Medicaid fraud, theft of public benefits, or abuse of adults to participate in their business. The offense is a Class A misdemeanor (Arkansas Code § 5-55-115(b)(2)).
Theft of Public Benefits
This charge involves improperly obtaining or keeping public benefits through false statements, misrepresentation, or withholding material eligibility information in their application for said benefit. It also covers certain dealings with benefits known or reasonably believed to have been obtained unlawfully. Allegations could involve concealing income or providing false household information to receive assistance. The offense is a Class A misdemeanor when the benefits involved are worth $500 or less. Repeat offenses carry additional mandatory penalties (Arkansas Code § 5-36-202(c)(3)).
Illegal Traffic in Food Coupons
This provision addresses unauthorized issuance, use, transfer, acquisition, possession, or redemption of food benefits covered by the statute. Allegations could involve exchanging benefits for cash or accepting them in a transaction prohibited by program rules. The law’s definition includes electronic instruments and processes. The offense is a Class A misdemeanor when the benefits involved are worth less than $100 (Arkansas Code § 5-55-201(a)(2)).
Illegal Traffic in WIC Vouchers
This charge addresses issuing, using, transferring, acquiring, possessing, or presenting WIC vouchers for payment in a manner prohibited by governing law or program rules. Allegations could involve selling vouchers for cash or participating in an unauthorized voucher transaction. The particular transaction and applicable program restrictions determine whether the conduct qualifies. This provision classifies the offense as a Class A misdemeanor without stating a dollar threshold (Arkansas Code § 5-55-201(b)).
Illegal Use, Transfer, Acquisition, or Possession of WIC Vouchers
This separate provision covers knowingly using, transferring, acquiring, or possessing WIC vouchers in a manner the program does not authorize. Allegations could involve knowingly purchasing vouchers through a prohibited private transaction or possessing them as part of an unauthorized exchange. The cited provision classifies the offense as a Class A misdemeanor when the vouchers are worth less than $100 (Arkansas Code § 5-55-202).
Illegal Presentation of Food Coupons for Payment
This charge involves presenting food coupons for payment or redemption while knowing they were received, transferred, or used unlawfully. Allegations could involve a retailer submitting benefits for reimbursement after obtaining them through prohibited cash exchanges. It focuses on redemption of improperly handled benefits. The offense is a Class A misdemeanor when the value is less than $100; values of $100 or more trigger Class D felony grading (Arkansas Code § 5-55-203(a)(2)).
Illegal Presentation of WIC Vouchers for Payment
This provision concerns presenting WIC vouchers worth $100 or more for payment or redemption while knowing they were received, transferred, or used contrary to program requirements. Allegations could involve submitting vouchers for reimbursement after knowingly accepting them through an unauthorized transaction. The prosecution must establish knowledge of the improper handling. Unlike the parallel food-coupon provision, this WIC provision classifies the specified conduct as a Class A misdemeanor (Arkansas Code § 5-55-203(b)).
Prohibited Debt Adjusting
This charge involves operating, offering, or attempting to operate a prohibited debt-adjusting business. Allegations could involve charging consumers a fee to collect their payments and distribute the money among creditors under a repayment or settlement plan. The offense is a Class A misdemeanor (Arkansas Code § 5-63-302(b)).
Government Crimes
Arkansas classifies several offenses against government operations as Class A misdemeanors, including resisting arrest, soliciting unlawful compensation, and certain cases of filing a false police report. These charges can arise during an arrest, in dealings with public officials, or when someone knowingly reports a false accusation to law enforcement.
High Government Crime
Advocating Specified Injury, Destruction, or Overthrow
This charge addresses speech or writing intended to encourage unlawful injury, property destruction, or violent overthrow of government and lists it as a Class A misdemeanor. An allegation might involve urging a group to immediately attack someone or destroy property. Constitutional protections sharply limit prosecution: advocacy of unlawful action generally cannot be punished unless directed toward, and likely to produce, imminent unlawful action. Political criticism or abstract advocacy alone does not satisfy that standard (Arkansas Code § 5-51-205(b)).
Abuse of Public Trust
This charge addresses specified benefits exchanged for public appointments, nominations, or favorable exercises of official discretion. Allegations could involve accepting a payment as compensation for a favorable official vote or offering money under an agreement concerning a public appointment. The Class A misdemeanor category applies when the benefit is worth less than $500 or its value cannot be determined. Higher values trigger felony grading (Arkansas Code § 5-52-101).
Soliciting Unlawful Compensation
This charge involves a public servant requesting a benefit for an official action while knowing the action must be performed without that payment or for a lower authorized amount. Allegations could involve demanding an unofficial payment to process paperwork or charging more than the lawful fee for an official service. The request itself can support the charge. The offense is a Class A misdemeanor (Arkansas Code § 5-52-104(b)).
Attempt to Influence a Public Servant
This charge involves using deceit or threatening violence or economic reprisal to affect a public servant’s upcoming decision, vote, opinion, or action. Allegations could involve threatening an official’s livelihood to influence a permit decision or using deception to manipulate official action. The prosecution must establish the prohibited method and purpose. The offense is a Class A misdemeanor (Arkansas Code § 5-52-105(b)).
Abuse of Office
This charge involves a public servant knowingly performing an unauthorized official act or failing to perform a required duty for financial benefit, a sexual favor, or the purpose of harming someone. Allegations could involve using official authority to benefit a relative financially or deliberately withholding a required action to harm another person. The misdemeanor category applies when the benefit is worth less than $500 or cannot be valued (Arkansas Code § 5-52-107(b)(4)).
Crimes in The Courtroom
False Swearing
False swearing involves knowingly making a materially false statement under a legally authorized oath, or a qualifying unsworn foreign declaration, outside an official proceeding. Allegations could involve deliberately including a significant false fact in a sworn affidavit used outside such a proceeding. An innocent mistake or an ordinary unsworn statement does not count. The offense is a Class A misdemeanor (Arkansas Code § 5-53-103(c)).
Tampering With a Witness or Informant
The misdemeanor version involves trying to persuade someone to withhold unprivileged information or evidence, evade a summons, or miss a proceeding when an investigation or official proceeding is pending or expected. Allegations could involve urging a witness to hide documents or avoid appearing after being summoned. These forms are Class A misdemeanors. Trying to induce false testimony or false information falls under the separate Class D felony provision (Arkansas Code § 5-53-110(b)(2)).
Simulating Legal Process
This charge involves knowingly delivering a demand, request, or notice that imitates legal process from an Arkansas court for the purpose of obtaining something of value. Allegations could involve sending a fabricated court summons or fake court demand to pressure someone into paying money. The document’s appearance, delivery, and intended purpose matter. The offense is a Class A misdemeanor (Arkansas Code § 5-53-116(b)).
Frivolous, Groundless, or Malicious Prosecution
This charge involves knowingly bringing, helping, or encouraging a frivolous, groundless, or malicious prosecution. Allegations could involve deliberately initiating a baseless criminal prosecution to retaliate against someone. A dismissal or acquittal alone does not establish this offense. The basic charge is a Class A misdemeanor, while a specified prosecution seeking delayed release carries separate felony grading (Arkansas Code § 5-53-131(a)).
Failure to Appear on a Class A Misdemeanor
This charge involves missing a required court appearance without a reasonable excuse after being cited, summoned, or released on the condition of appearing. Allegations could involve failing to attend a required hearing concerning a Class A misdemeanor. In that situation, failure to appear is itself a Class A misdemeanor. The underlying case, appearance requirement, notice, and reason for the absence affect whether the charge applies (Arkansas Code § 5-54-120(c)(3)).
Crimes Against Law Enforcement
Violation of an Order of Protection
This charge generally involves knowingly violating a condition of a qualifying protection order after receiving legally sufficient notice. Allegations could involve sending prohibited messages, visiting a protected residence, or approaching someone contrary to the order’s terms. The basic offense is a Class A misdemeanor. A qualifying prior conviction within five years can make it a Class D felony (Arkansas Code § 5-53-134(b)(1)).
Obstructing Governmental Operations by False Identification
This version involves falsely identifying oneself to a law enforcement or code enforcement officer. Allegations could involve giving an officer another person’s name or a fabricated identity during an encounter. A second or subsequent false-identification offense under this provision is a Class A misdemeanor. The charge concerns affirmative false identification; the prosecution must establish the conduct and qualifying offense history (Arkansas Code § 5-54-102(b)(2)).
Obstructing Governmental Operations with Force
This version involves obstructing a governmental function through physical force or threats of physical force. Allegations could involve physically blocking officials from carrying out their work while threatening violence. The charge requires conduct covered by the obstruction statute, which contains specific exclusions, including refusal to submit to arrest. Obstruction involving force or threatened force is a Class A misdemeanor (Arkansas Code § 5-54-102(b)(1)).
Resisting Arrest
Resisting arrest involves knowingly resisting someone known to be a law enforcement officer making an arrest through physical force, threatened force, or another means creating a substantial risk of physical injury. Allegations could involve forcefully struggling with officers or threatening to strike them during an arrest. This is different than simply refusing to submit to arrest, which is a Class B misdemeanor. Resisting arrest is a Class A misdemeanor (Arkansas Code § 5-54-103(a)(4)).
Interference with a Law Enforcement or Code Enforcement Officer
This charge involves knowingly using or threatening physical force against an officer performing official duties. Allegations could involve threatening to hit a code enforcement officer during an inspection or using force to interfere with an officer’s work. The basic offense is a Class A misdemeanor. Deadly force, threatened deadly force, or certain group conduct resulting in injury makes it a Class C felony (Arkansas Code § 5-54-104(b)(2)).
Hindering Apprehension or Prosecution
This charge involves specified assistance intended to help someone avoid apprehension, prosecution, conviction, or punishment. Allegations could involve hiding a suspect, providing transportation to evade capture, or concealing evidence to prevent identification. The Class A misdemeanor provision applies when the assisted person’s underlying charge is a Class D felony or an unclassified felony. The prosecution must establish the prohibited assistance and purpose (Arkansas Code § 5-54-105).
Aiding Consummation of an Offense
This charge involves knowingly helping another person safeguard criminal/fraudulent proceeds or convert those proceeds into negotiable funds. Allegations could involve holding money obtained through a misdemeanor offense to protect it for the person who committed the crime. The charge focuses on assistance involving the proceeds. It is a Class A misdemeanor when the underlying conduct is not a felony; felony conduct triggers Class D felony grading (Arkansas Code § 5-54-106(b)(2)).
3rd Degree Escape
This charge involves escaping from custody. The Class A misdemeanor provision applies only outside the statute’s listed felony custody circumstances. An allegation could involve leaving qualifying court-ordered custody without authorization, depending on the legal custody arrangement. If the arrest was unlawful, a defense attorney could fight for an acquittal of this charge. However, escape from the custody of a law enforcement agency, the Division of Correction, or the Division of Community Correction is a Class C felony under this section (Arkansas Code § 5-54-112(c)(2)).
2nd Degree Permitting Escape
This provision addresses a public servant supervising a court-ordered placement at the Arkansas State Hospital, a juvenile detention facility, or a youth services program who recklessly permits an escape or unauthorized departure. Allegations could involve consciously disregarding a substantial security risk that allows someone to leave. The prosecution must establish the qualifying supervisory role and recklessness. The offense is a Class A misdemeanor (Arkansas Code § 5-54-115(c)).
Aiding an Unauthorized Departure
This charge involves a person outside the specified inmate categories knowingly helping someone leave or attempt to leave a juvenile detention facility, youth services program, or the Arkansas State Hospital without authorization. Allegations could involve arranging transportation as part of a plan to help someone depart. The basic offense is a Class A misdemeanor. Using physical force or using or threatening a deadly weapon makes it a Class C felony (Arkansas Code § 5-54-116(b)(2)).
Filing a False Report
This charge involves reporting another person’s alleged criminal wrongdoing to police or a prosecutor while knowing the report is false. Allegations could involve inventing a theft accusation against a neighbor. An inaccurate recollection alone does not establish knowing falsity. The basic offense is a Class A misdemeanor, but circumstances such as another person’s arrest, injury, significant investigative expense, or certain serious accusations can trigger felony grading (Arkansas Code § 5-54-122(c)(2)).
Unlawful Removal or Failure to Charge an Electronic Monitoring Device
This charge involves knowingly removing a required electronic ankle monitor or knowingly failing to charge it when that failure prevents location tracking. Allegations could involve removing an ankle monitor or knowingly allowing its battery to die while subject to a monitoring order. The law recognizes a defense involving emergencies or unforeseen circumstances and reasonable conduct. The offense is a Class A misdemeanor (Arkansas Code § 5-54-123(d)).
Fleeing by Vehicle or Conveyance
This charge involves fleeing in a vehicle or other conveyance while knowing an authorized officer is attempting immediate arrest or detention. Allegations could involve deliberately driving away to avoid a traffic stop. The basic offense is a Class A misdemeanor with at least two days in jail upon conviction. Exceeding the posted speed limit triggers Class D felony grading, and dangerous driving or resulting injuries can trigger higher classifications (Arkansas Code § 5-54-125(d)(1)(A)).
Fleeing on Foot Causing Property Damage
This version involves fleeing on foot while knowing an officer is attempting immediate arrest or detention, with property damage occurring directly because of the flight. Allegations could involve damaging a fence or door while running from officers. The property-damage version is a Class A misdemeanor. Serious physical injury directly resulting from the flight makes the offense a Class D felony. The base charge for fleeing on foot is a Class C misdemeanor (Arkansas Code § 5-54-125(c)(2)).
Drug Crimes
Arkansas classifies some drug offenses as Class A misdemeanors, including certain cases of marijuana possession, possession of prescription drugs without authorization, and possession of drug paraphernalia. Depending on the charge, the drug’s classification, the amount involved, the intended use, and qualifying prior convictions can affect whether the offense is a misdemeanor or a felony.
Drug Possession
Possession of a Schedule III Controlled Substance
This charge involves unlawfully possessing a drug classified in Schedule III – examples include Ketamine. Allegations could arise when someone keeps another person’s prescription medication without legal authorization. Possession of less than two grams by aggregate weight is generally a Class A misdemeanor. Four or more qualifying prior possession convictions make that amount a Class D felony. Larger quantities and possession while an inmate can also increase the classification (Arkansas Code § 5-64-419(b)(3)(A)(i)).
Possession of a Schedule IV or V Controlled Substance
This charge concerns unlawful possession of medication or another substance classified in Schedule IV or V. Allegations could involve possessing prescription pills obtained from someone else without authorization. Less than 28 grams by aggregate weight falls within the Class A misdemeanor category. Four or more qualifying prior possession convictions trigger felony charges, and larger amounts or possession while an inmate can increase the classification (Arkansas Code § 5-64-419(b)(4)(A)(i)).
Possession of a Schedule VI Controlled Substance
This charge includes unlawful possession of marijuana or another Schedule VI substance. Allegations could arise when marijuana is found during a traffic stop or another investigation and the possession is not legally authorized. Less than four ounces generally falls within the Class A misdemeanor category. Qualifying prior convictions combined with possession of at least one ounce, or possession while an inmate, can trigger a higher classification (Arkansas Code § 5-64-419(b)(5)(A)).
Possession of a Schedule VI Controlled Substance With Purpose to Deliver
This charge involves possessing a Schedule VI substance with the purpose of delivering it to someone else. Allegations could involve marijuana packaged for separate transactions alongside messages arranging sales. Prosecutors may consider packaging, weighing equipment, transaction records, and other admissible evidence. An actual delivery is not required. The offense is a Class A misdemeanor when the aggregate weight is 14 grams or less; larger amounts trigger felony grading (Arkansas Code § 5-64-436(b)(1)).
Possession of a Counterfeit Substance
This charge concerns possessing a substance that meets the legal definition of a counterfeit controlled substance without authorization. Allegations could involve drugs bearing false manufacturer markings or labeling. The substance’s identity and counterfeit characteristics matter; an unfamiliar pill alone does not establish every element. For schedules other than I or II, a first or second offense is a Class A misdemeanor. A third or subsequent qualifying offense is a Class D felony (Arkansas Code § 5-64-441(b)(2)).
Delivery and Manufacturing
Delivery of a Schedule VI Controlled Substance
This charge involves unlawfully delivering marijuana or another Schedule VI controlled substance. Allegations could arise from a controlled purchase or other evidence of a prohibited drug transaction. Delivery of 14 grams or less by aggregate weight is generally a Class A misdemeanor. Four or more qualifying prior delivery convictions make that amount a Class D felony. Larger quantities also carry felony classifications (Arkansas Code § 5-64-438(b)(1)(A)).
Manufacture of a Schedule VI Controlled Substance
This charge involves unlawfully manufacturing a Schedule VI controlled substance. Allegations could arise from unauthorized production or cultivation of marijuana, depending on the conduct and legally measured quantity. Manufacturing 14 grams or less by aggregate weight falls within the Class A misdemeanor provision. Amounts above 14 grams trigger felony grading. The prosecution must establish manufacturing, rather than merely possessing the finished substance (Arkansas Code § 5-64-439(b)(1)).
Paraphernalia
Possession of Drug Paraphernalia
The misdemeanor provision covers possessing paraphernalia intended for unlawful drug use, storage, concealment, or weighing. Allegations could involve a pipe intended for unlawful drug consumption or scales intended to weigh a controlled substance. The object’s intended use matters. The basic offense is a Class A misdemeanor, but specified drugs combined with a prior drug conviction can trigger felony grading. Manufacturing-related paraphernalia falls under separate felony provisions (Arkansas Code § 5-64-443(a)(1)).
Delivery of Drug Paraphernalia to a Minor
This charge applies when someone age 18 or older delivers drug paraphernalia in violation of the law to a person under 18 who is at least three years younger. Allegations could involve an adult providing a teenager with an item intended for unlawful drug use. The basic offense is a Class A misdemeanor. Delivery in the course of and furtherance of a felony drug violation is a Class B felony (Arkansas Code § 5-64-444(b)).
Unlawful Drug Business
Illegal Drug Paraphernalia Business
This charge concerns operating, financing, managing, supervising, or owning part of a business that regularly handles objects designed primarily as drug devices, with the required knowledge of their design. Allegations could involve a business repeatedly selling qualifying devices while knowing their primary purpose. A first offense is a Class A misdemeanor, a second is a Class D felony, and a third or subsequent offense is a Class C felony (Arkansas Code § 5-64-802(a)(1)).
Failure to Maintain Accurate Precursor Transaction Records
This charge concerns failing to maintain accurate transaction records and proper purchaser identification when required by Arkansas’s precursor-recordkeeping law. Allegations could involve a covered seller failing to record required purchaser information or retaining incomplete records for regulated transactions. The prosecution must establish that the transaction and seller were subject to the recordkeeping requirements. A violation is a Class A misdemeanor (Arkansas Code § 5-64-1004).
Failure to Submit a Suspicious Transaction Report
This charge applies when a covered pharmacy, manufacturer, wholesaler, or retail distributor fails to submit a required written report about a suspicious precursor transaction. Allegations could involve an unusual sale of pseudoephedrine that reasonably indicates possible unlawful drug manufacturing but is not reported to the Arkansas State Board of Pharmacy. The transaction must satisfy the statutory reporting requirements. Failure to submit the required report is a Class A misdemeanor (Arkansas Code § 5-64-1006(b)).
Violation of Precursor Sales Limits
This charge addresses specified restrictions on selling or furnishing products containing ephedrine, pseudoephedrine, or phenylpropanolamine. Allegations could involve a prohibited sale outside a licensed pharmacy or a covered transaction exceeding package or quantity limits without a valid prescription. Exceptions and seller requirements matter. A first or second offense is a Class A misdemeanor; a third offense is a Class D felony, and later offenses are Class C felonies (Arkansas Code § 5-64-1103(a) and (d)).
Possession of Nitrous Oxide or Amyl Nitrite for Prohibited Intoxication
This charge concerns possessing nitrous oxide, a substance containing it, or amyl nitrite with the prohibited purpose of becoming intoxicated or altering sensory or mental processes. The statute also addresses purposely being under the influence. Allegations could involve possessing the substance for recreational intoxication. The intended use and surrounding evidence matter when distinguishing prohibited conduct from other possession. The offense is a Class A misdemeanor (Arkansas Code § 5-64-1201(c)).
Prohibited Distribution of Nitrous Oxide or Amyl Nitrite
This charge involves purposely selling, offering, distributing, or giving away a covered substance to induce or help another person use it for prohibited intoxication. Allegations could involve supplying nitrous oxide to someone specifically for recreational use. The prosecution must establish the prohibited purpose; a sale of a product containing the substance does not by itself establish every element. The offense is a Class A misdemeanor (Arkansas Code § 5-64-1202).
Controlled-Substance Fraudulent Practices Involving Schedule VI
This charge involves knowingly helping another person safeguard criminal/fraudulent proceeds or convert those proceeds into negotiable funds. Allegations could involve holding money obtained through a misdemeanor offense to protect it for the person who committed the crime. The charge focuses on assistance involving the proceeds. It is a Class A misdemeanor when the underlying conduct is not a felony; felony conduct triggers Class D felony grading (Arkansas Code § 5-54-106(b)(2)).
DWI
Arkansas classifies first-offense DWI as an unclassified misdemeanor. Some related offenses are Class A misdemeanors, including tampering with an ignition interlock device, starting an interlock-equipped vehicle for a restricted driver, and certain cases of operating an aircraft while intoxicated.
Offenses Related to Ignition Interlock
Providing a Vehicle Without a Functioning Ignition Interlock
This Class A misdemeanor involves knowingly providing a vehicle without a functioning ignition interlock to someone the provider knows or reasonably should know is subject to an interlock restriction. An allegation could arise when someone lends a friend an unequipped car after the friend tells them about the restriction. Arkansas law provides a limited defense for certain court-approved use of an employer-owned vehicle (Arkansas Code § 5-65-123(d) and (e)).
Tampering With an Ignition Interlock Device
This Class A misdemeanor involves knowingly tampering with an ignition interlock installed in a vehicle or attempting to bypass its operation. An allegation could involve deliberately disconnecting the device so the vehicle can start without the required breath test. An unsuccessful attempt to bypass the device can also qualify (Arkansas Code § 5-65-123(c) and (e)).
Unlawfully Allowing Another Person to Start an Ignition-Interlock Vehicle
This Class A misdemeanor applies to the restricted driver. It can arise when the driver knowingly asks or allows someone else to start or try to start an interlock-equipped vehicle so the driver can operate it or take actual physical control of it. An allegation could involve asking a friend to provide the breath sample so the restricted driver can drive away (Arkansas Code § 5-65-123(a) and (e)).
Unlawfully Starting an Ignition-Interlock Vehicle for Another Person
This Class A misdemeanor applies to the person who knowingly starts or tries to start an interlock-equipped vehicle for a driver subject to the restriction. An allegation could involve a passenger providing the breath sample and attempting to start the vehicle for the restricted driver. The law provides a defense for starts or attempted starts for safety or mechanical repair when the restricted driver does not operate the vehicle (Arkansas Code § 5-65-123(b) and (e)).
Flying While Intoxicated
Operating an Aircraft while Intoxicated
This charge can arise when someone operates, navigates, or is in actual physical control of an aircraft while intoxicated or with an alcohol concentration of 0.04 or higher. For example, a pilot could face the charge after taxiing a plane while impaired. The law also covers certain activities by flight crew reporting for duty at or above 0.04. The base offense is a Class A misdemeanor. A second offense within one year, or an offense involving a flight crew member who possesses a weapon at the time, is a Class D felony (Arkansas Code § 5-75-102(b)(1)).
Refusal of a Chemical Test After an Aircraft Intoxication Arrest
This separate charge can arise when someone refuses a chemical test that a law enforcement officer requests under Arkansas’s aircraft implied consent law. For example, a pilot arrested on suspicion of operating an aircraft while intoxicated could face a refusal charge after declining a properly requested breath test. The base refusal offense is a Class A misdemeanor. A second refusal within one year is a Class D felony (Arkansas Code § 5-75-102(c)(1)(B)).
Crimes Against Public Safety
Arkansas classifies several public safety offenses as Class A misdemeanors, including riot, stalking in the third degree, and interference with emergency communication in the first degree. These charges can arise from conduct such as taking part in a violent group disturbance, following someone in a way that would reasonably make them fear for their safety, or taking someone’s phone to prevent them from calling 911.
General Crimes Against Public Safety
Riot
This Class A misdemeanor can arise when someone knowingly joins at least two other people in violent or tumultuous conduct that creates a substantial risk of public alarm, disruption of government operations, injury, or property damage. For example, someone who joins two others in a fight in a crowded parking lot could face the charge if the fight puts bystanders at substantial risk of injury (Arkansas Code § 5-71-201(b)(1)).
Inciting Riot
This Class A misdemeanor involves knowingly tampering with an ignition interlock installed in a vehicle or attempting to bypass its operation. An allegation could involve deliberately disconnecting the device so the vehicle can start without the required breath test. An unsuccessful attempt to bypass the device can also qualify (Arkansas Code § 5-65-123(c) and (e)).
Harassment
This Class A misdemeanor applies to the restricted driver. It can arise when the driver knowingly asks or allows someone else to start or try to start an interlock-equipped vehicle so the driver can operate it or take actual physical control of it. An allegation could involve asking a friend to provide the breath sample so the restricted driver can drive away (Arkansas Code § 5-65-123(a) and (e)).
Harassing Communications
This Class A misdemeanor covers specified calls, texts, emails, and other communications made for a prohibited purpose, such as harassing, alarming, or intimidating someone. Allegations could involve repeatedly calling someone just to upset them, sending a text threatening an unlawful act, or knowingly making a false phone call claiming that someone was injured in order to frighten the recipient (Arkansas Code § 5-71-209(d)).
Communicating a False Alarm
This charge can arise when someone deliberately starts or spreads a report they know is false or baseless and know is likely to prompt an emergency response, cause fear of injury or property damage, or lead to an evacuation. An example would be calling in a fabricated fire at a business. A first qualifying offense is a Class A misdemeanor. Resulting injury or property damage, certain school bombing reports, and repeat offenses can trigger felony grading (Arkansas Code § 5-71-210(b)(2)(A)).
Threatening a Fire or Bombing
This charge involves purposely threatening injury or property damage by fire, bombing, or another means in a way likely to cause public alarm or make someone reasonably fear injury or property damage. An allegation could involve sending a message threatening to burn down a neighbor’s house. The offense is a Class A misdemeanor unless physical injury results, which makes it a Class D felony (Arkansas Code § 5-71-211(b)(2)).
Obstructing a Highway or Other Public Passage
This Class A misdemeanor can arise when someone without legal privilege makes a highway or other public passage impassable to vehicles or pedestrians. An allegation could involve putting a barricade across a public road so drivers cannot get through. The statute provides a defense when the blockage results solely from people gathering to hear someone speak or otherwise communicate (Arkansas Code § 5-71-214(c)).
Disruption of Campus Activities
This Class A misdemeanor covers two or more people acting together, or attempting to act together, to block campus hallways or doors, take control of a facility, prevent or disrupt a class, or barricade a route onto or off campus. For example, two people could face allegations for barricading a classroom entrance to prevent class from meeting. The statute excludes activities of labor and teachers’ organizations (Arkansas Code § 5-71-226(b)).
Obstruction of Lawful Shooting, Hunting, Fishing, or Trapping While Possessing a Firearm
This charge involves willfully interfering with someone’s lawful shooting, hunting, fishing, or trapping. An allegation could involve someone carrying a firearm who deliberately blocks licensed hunters from continuing a lawful hunt on public land. Possessing a firearm during the interference makes the offense a Class A misdemeanor. The law preserves a landowner’s or lessee’s right to prohibit hunting, fishing, or trapping on their land (Arkansas Code § 5-71-228(c)(1)(A)).
3rd Degree Stalking
This Class A misdemeanor involves knowingly committing an act that would cause a reasonable person in the victim’s position both emotional distress and fear for their own safety or someone else’s safety. An allegation could involve following a former partner home and waiting outside under circumstances that would reasonably make them fear for their safety. A single act can qualify if it meets both parts of the standard (Arkansas Code § 5-71-229(c)(1) and (3)).
Interference
Unlawful Drone Use Related to Critical Infrastructure
This charge can arise when someone knowingly uses a drone to monitor, gather information about, or record critical infrastructure without the owner’s prior written consent. An example would be intentionally filming an electrical substation or a petroleum refinery without that consent, where no statutory exception applies. A first offense is a Class B misdemeanor. A second or subsequent offense is a Class A misdemeanor (Arkansas Code § 5-60-103(d)(2)).
Obstruction or Interference with Emergency Medical Personnel or a First Responder
The Class A misdemeanor applies when someone knowingly interferes with a rescue mission by using or threatening physical force. An allegation could involve shoving a paramedic who is trying to reach an injured person or threatening to strike a firefighter during a rescue. The statute separately classifies purposeful obstruction or interference with a rescue mission as a Class D felony (Arkansas Code § 5-60-123(b)(1)).
Interference with Emergency Communication in the First Degree
This Class A misdemeanor involves knowingly moving, damaging, or disabling someone else’s phone or communication device to stop them from seeking emergency help when they have good cause to do so. Allegations could arise when someone grabs another person’s phone during a domestic dispute to prevent a 911 call or deliberately breaks the phone to keep them from calling for medical help (Arkansas Code § 5-60-124(b)).
Dog/Animal Crimes
Interfering with Authorized Prevention of Cruelty
Arkansas law allows someone to intervene to prevent imminent or ongoing criminal cruelty to an animal in their presence. Knowingly obstructing that intervention is a Class A misdemeanor. An allegation could arise when someone physically blocks a bystander who is trying to stop an animal from being beaten (Arkansas Code § 5-62-111(b)).
Sale of a Dangerously Diseased Animal
This Class A misdemeanor covers knowingly selling, offering for sale, using, or exposing an animal with a condition specified by the law. Those conditions include glanders, farcy, certain contagious or infectious diseases known to endanger human life, and disease beyond recovery. An allegation could involve listing a horse for sale after learning it has glanders. An offer can qualify even if the sale never goes through (Arkansas Code § 5-62-116(a)).
Unlawful Animal Fighting in the Second Degree
This Class A misdemeanor covers knowingly buying admission to an animal fight, being present at one, or watching one staged as a public spectacle. Allegations could involve paying to attend an organized dogfight or knowingly staying to watch after arriving at the venue. Promoting the fight or taking money from spectators falls under the separate first-degree felony provision (Arkansas Code § 5-62-120(b)(2)).
Unlawful Dog Attack
This Class A misdemeanor applies when an owner knows or has reason to know their dog is prone to attacking, injuring, or endangering people without provocation, negligently allows it to attack someone, and the attack causes death or serious physical injury. An allegation could involve an owner who knows their dog has attacked without provocation leaving it unsecured, after which the dog seriously injures a passerby (Arkansas Code § 5-62-125(b)).
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Jail Time Alternatives
Probation can be legally possible, but it is not guaranteed. The judge’s authority, prosecutor’s position, your criminal record, the facts of the case, current sentencing law, and local practices can all affect the outcome.
Possible outcomes or programs for your Little Rock Class A misdemeanor can include:
- Negotiated probation;
- A suspended imposition of sentence (Arkansas Code § 16-90-115)
- First-offender treatment under Act 346 when the person and offense are eligible (Arkansas Code § 16-93-303(a)(1)(A)(i)).
- Adult drug court when the local program accepts the person (Arkansas Code § 16-98-303(a)(1)).
- Substance-use evaluation and treatment (Arkansas Code § 16-98-303(b)(2)(A)(iv)); or
- A reduction or dismissal when the evidence does not support the original charge.
Act 346
Under the First-offender act (Act 346), a person who has not previously been convicted of a felony can sometimes enter a guilty or no-contest plea before adjudication, receive probation for at least one year, and obtain dismissal and sealing after successful completion.
Drug Court
Arkansas adult drug court is a voluntary, treatment-focused program for qualifying adults whose criminal involvement is connected to an unmanaged substance-use disorder. Admission standards and program availability vary by judicial district.
Dismissal
Probation is not the only goal. If the State cannot prove lawful seizure, knowing possession, identity of the substance, reliable weight, or chain of custody, the defense can seek suppression, reduction, acquittal, or dismissal.
Can a Criminal Charge Be Sealed or Expunged in Arkansas?
Most misdemeanor records can be sealed after you complete your sentence and pay all required restitution and court costs, but the following offenses require a 5-year waiting period:
- Domestic battering in the third degree
- Battery in the third degree
- Indecent exposure
- Public sexual indecency,
- Qualifying negligent homicide
- Sexual assault in the fourth degree
Some felonies qualify, but Class Y felonies, certain violent felonies, sex offenses involving minors, and many Class A or Class B felonies cannot be sealed under the standard process. Eligibility depends on the specific conviction and your complete record (Arkansas Code Ann. §§ 16-90-1405–1406).
What To Do After Arrest
Preserve every document
Write down what happened
Preserve digital evidence
Follow bond and court conditions
Avoid discussing the facts publicly
Why Criminal Jury Trials Matter
Trial preparation for a criminal offense in Arkansas starts long before the trial date. Our defense attorneys identify the elements the prosecutor must prove, prepare exhibits, study the officer’s prior statements, evaluate expert testimony, and prepare you for the stand.
Our attorneys, Kale Ludwig, Kyle Ludwig, Harry Warden, and Weston Sizemore are ready to fight for you and Simply Win.
ARKANSAS CLASS A MISDEMEANORS
Frequently Asked Questions
Gene Ludwig founded Ludwig Law Firm in 1982, starting out as a personal injury trial lawyer. Today, our attorneys use that full-scale trial mindset to win criminal defense cases in Little Rock, central Arkansas, and Northwest Arkansas.
Our attorneys have furnished this FAQ section just for you. If your answer wasn’t answered here, feel free to call us or submit a form with your question.
At Ludwig Law Firm, We Simply Win Little Rock criminal defense. Call our office today for your free consultation.
What Are the Different Criminal Classifications in Arkansas?
Arkansas divides criminal offenses into violations, misdemeanors, and felonies. Misdemeanors are classified as Class A, Class B, Class C, or unclassified offenses. Felonies are classified as Class Y, Class A, Class B, Class C, Class D, or unclassified offenses.
What Is the Most Serious Felony Classification in Arkansas?
A Class Y felony is Arkansas’s most serious standard felony classification. It typically carries 10 to 40 years or life in prison. Capital murder is classified separately and can carry life imprisonment without parole or the death penalty.
How Much Jail Time Can You Receive for a Misdemeanor in Arkansas?
The maximum sentence depends on the classification: Class A misdemeanor: Up to one year in jail Class B misdemeanor: Up to 90 days in jail Class C misdemeanor: Up to 30 days in jail Violation: A fine, forfeiture, or civil penalty without imprisonment Unclassified misdemeanors carry the sentence established by the statute defining the specific offense.
How Much Prison Time Can You Receive for a Felony in Arkansas?
Standard Arkansas felony sentencing ranges include: Class Y felony: 10 to 40 years or life Class A felony: 6 to 30 years Class B felony: 5 to 20 years Class C felony: 3 to 10 years Class D felony: Up to 6 years An unclassified felony carries the sentence stated in its individual statute.
Your Choice of Representation Matters
A criminal case moves quickly in Arkansas. If you or a loved one faces a criminal charge, call Ludwig Law Firm at 501-868-7500, visit ludwiglawfirm.com, or learn more about our Little Rock criminal defense practice areas. We Simply Win reflects our commitment to preparation and advocacy, but no law firm can guarantee a particular outcome.