Arkansas Criminal Charges and Penalty Ranges
The statutes governing criminal penalties are complicated and span several different chapters of the code, and vast changes from legislation like the Protect Arkansas Act (Act 659 of 2023) make the landscape even murkier. Our guide breaks down what you are facing in detail, but without overwhelming you with information.
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Misdemeanor Classes and Penalties
Arkansas places defendants into five misdemeanor levels – Class A – C, unclassified, and minor violations. They all have the potential to result in fines and jail time.
| 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 |
Standard Felony Classes and Penalties
Arkansas has five felony classes. Sometimes the State feels that a charge should be in its own category – these are unclassified felonies. An example is trafficking fentanyl, which carries between 25 and 60 years of prison and a $1,000,000 fine.
| Classification | Sentencing Range | Maximum Fine |
|---|---|---|
| Class Y Felony | 10–40 years or life | None set by the general fine statute |
| Class A Felony | 6–30 years | $15,000 |
| Class B Felony | 5–20 years | $15,000 |
| Class C Felony | 3–10 years | $10,000 |
| Class D Felony | Up to 6 years | $10,000 |
| Unclassified Felony | Set by the statute defining the offense — fentanyl trafficking, for example, carries 25 to 60 years or life imprisonment. | Set by the statute defining the offense. |
When Can I Get Out of Jail?
Felonies committed on or after January 1, 2025 are sentenced under the Protect Arkansas Act, which requires you to serve a minimum percentage of your total potential sentence before you become eligible for release. This act categorizes minimum sentencing based on the severity of the crime. There are four categories – 100%, 85%, 50%, and 25%.
| Minimum Required Time Served | Examples | Statute |
|---|---|---|
| 100% — the entire sentence | Capital murder, first-degree murder, rape, aggravated robbery, Class Y kidnapping, child-exploitation offenses, Class B possession of firearms by certain persons | Arkansas Code § 16-93-1802(1)(B)(i)–(xxi) |
| 85% | Second-degree murder, manslaughter, first-degree battery, terroristic act, first-degree sexual assault, drug trafficking | Arkansas Code § 16-93-1802(2)(A)(i)–(lvi) |
| 50% | Robbery, residential burglary, second-degree sexual assault — and any felony the Sentencing Commission's rule does not list | Arkansas Sentencing Commission Rule 004.04.24 Ark. Code R. 001(III)(B)(1)–(24) |
| 25% | Theft of property, breaking or entering, second-degree battery, drug possession | Arkansas Sentencing Commission Rule 004.04.24 Ark. Code R. 001(III)(C)(1)–(383) |
What Can Prolong My Sentence?
The base ranges above are increased based on additional circumstances:
| Enhancement | Effect | Statute |
|---|---|---|
| Habitual Offender | With two or more prior felonies, the sentencing range itself extends — see the habitual offender sentencing provisions (§ 5-4-501). | Arkansas Code § 5-4-501 |
| Firearm | Committing or fleeing from a felony while in possession of a firearm can result in up to 15 years of additional imprisonment, served consecutively. | Arkansas Code § 16-90-120(a) |
| Offense in the Presence of a Child | Committing a qualifying crime in the presence of a child adds 1 to 10 years to the sentence. This applies to select offenses, including murder, aggravated robbery, rape, felony assault or battery, and felony domestic battering. | Arkansas Code § 5-4-702(a)(1)–(11) |
| Violent Group Activity | Committing a violent crime in Arkansas with two or more other people increases the classification of the base offense by one level. Gang membership is not necessarily required. | Arkansas Code § 5-74-108(a)–(c) |
| Continuing Criminal Gang or Enterprise | A person may be charged with first-degree or second-degree engaging in a continuing criminal gang, depending on their role. First degree adds two classifications to the highest base offense; second degree adds one classification. | Arkansas Code § 5-74-104(a)–(b) |
| Victim's Age | Certain charges carry enhanced penalties based on a person's age. For example, a DWI offense involving a passenger age 16 or younger increases the minimum jail time. | Arkansas Code § 5-65-111(a)(1)(B) |
What Are the Habitual Offender Penalties?
Arkansas law splits up habitual offender enhancements into four main categories – those with two to three priors, four or more priors, one prior serious violent felony, and two or more serious violent felonies.
| Class | Standard Range | Two or Three Priors | Four or More Priors | One Prior Serious Violent Felony | Two or More Serious Violent Felonies |
|---|---|---|---|---|---|
| Class Y | 10–40 years or life | 10–60 years or life | 10 years to life | 40–80 years or life | Life in prison, period. |
| Class A | 6–30 years | 6–50 years | 6–60 years | 40–80 years or life | 40 years to life |
| Class B | 5–20 years | 5–30 years | 5–40 years | 40–80 years or life | 30–60 years |
| Class C | 3–10 years | 3–20 years | 3–30 years | 40–80 years or life | 25–40 years |
| Class D | Up to 6 years | Up to 12 years | Up to 15 years | 40–80 years or life | 20–40 years |
| Unclassified (Less Than Life) | Statutory maximum | Up to 5 years over the maximum | Up to twice the maximum | 40–80 years or life | Up to three times the maximum |
Serious violent felonies include murder in the first or second degree, kidnapping, aggravated robbery, rape and several others. The full list can be found in Arkansas Code § 5-4-501(c)(2)(a)(i)-(xiii). Additionally, if you’re convicted of rape or sexual assault first involving a victim aged less than 14 years old and have a prior serious violent felony conviction, you’ll have to pay the statutory fine for your charge, and you’ll be sentenced to life in prison with no parole (Arkansas Code § 5-4-501(c)(3)).
Traffic Violations
Many traffic offenses are crimes with penalties established by their own statutes. Reckless driving, for example, occurs when someone drives with wanton disregard for the safety of people or property. A first conviction that does not involve physical injury carries 5 to 90 days in jail, a fine of $25 to $500, or both. If physical injury results, the penalties increase to 30 to 90 days in jail, a fine of $100 to $1,000, or both (Arkansas Code § 27-50-308(b)(1)(A)-(B)).
Other driving offenses can be felonies. An accident involving damage to a vehicle or personal property, for example, can be a Class D felony if the damage was $10,000 or more (Arkansas Code § 27-53-102(d)(2)).
DWI/DUI Penalties
Criminal penalties for a driving while intoxicated (DWI) in Arkansas depend on your priors within a 10-year lookback period (or 20-year for your 6th offense).
| Offense Level | Criminal Classification | Prison Time Under § 5-65-111 | Community Service | Enhancement for 16-Year-Old Passenger | DUI (Underage) |
|---|---|---|---|---|---|
| First Offense | Unclassified Misdemeanor | 24 Hours to One Year | No Less Than 30 Days | Seven Days to One Year in Jail; No Less Than 60 Days CS | No Prison Time, but Alcohol Education Attendance Required |
| Second Offense Within 10 Years of the First | Unclassified Misdemeanor | Seven Days to One Year | No Less Than 30 Days | 30 Days to One Year in Jail; No Less Than 60 Days CS | 30 Days CS |
| Third Offense Within 10 Years of the First | Unclassified Misdemeanor | 90 Days to One Year | No Less Than 90 Days | 120 Days to One Year in Jail; No Less Than 60 Days CS | One Year CS |
| Fourth Offense Within 10 Years of the First | Unclassified Felony | One to Six Years | Not Available | Two to Six Years in Jail | One Year CS |
| Fifth Offense Within 10 Years of the First | Unclassified Felony | Two to Ten Years | Not Available | Three to Ten Years in Jail | One Year CS |
| Sixth or Subsequent Offense Within 20 Years of the First | Class B Felony | Sentenced Under the Class B Felony Range | Not Available | Not Available | One Year CS |
In addition to these criminal punishments, you will be forced to pay administrative fees, attend required alcohol education classes, and install an ignition interlock device in your vehicle to reinstate your license, all of which count back 5 years.
Drug Crime Penalties
The penalties for drug offenses depend on three factors: the type of drug/drug schedule, aggregate weight, and intention of the person in possession (e.g. possession, possession with intent to deliver, delivery, and trafficking).
Misdemeanor Possession
Possession (with or without intent) of four (4) ounces of marijuana is the only misdemeanor drug charge in Arkansas. Conviction results in up to a year in jail and a fine of $2,500.
Felony Possession
Class A for large amount of weed; Class D for meth, heroin, or cocaine under 2 grams; Class D to Class B for most other drugs.
Purpose to Deliver or Delivery
Class D Felony for marijuana/schedule V/IV up to 200g; Class A felony for 10 to > 200 grams of meth/heroin/cocaine; Class C – Class A felonies for most others
Trafficking
Class Y felony, 10 to 40 years or life — starts at 200 grams of methamphetamine, heroin, or cocaine, or 500 pounds of marijuana.
Fentanyl Trafficking
Unclassified felony at 1 gram or more — has its own jail range of 25 to 60 years or life, and a $1,000,000 fine.
Simultaneous Possession of Drugs and Firearms
Class Y felony, 10 to 40 years or life (Arkansas Code § 5-74-106(b)).
Restricted Release Felonies — 85%
On January 1, 2025, Arkansas enacted Act 659 which created the 85% and 100% time requirements. Notably, drug trafficking — including fentanyl trafficking — continuing criminal enterprise, and delivery or manufacture of fentanyl are “restricted release felonies” that require 85% of sentence served before release becomes an option.
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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 CRIMINAL PENALTIES
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.