Constructive vs. Actual Possession in Arkansas: What’s the Difference?
Learn the difference between constructive and actual possession in Arkansas drug and weapons cases, and how these definitions affect criminal defense strategies.
CRIMINAL DEFENSE
Actual Possession
Actual possession is straightforward. If the police find a controlled substance, firearm, or other contraband on your person — in your hand, pocket, or purse — that is actual possession under Arkansas law.
Constructive Possession
Constructive possession is less direct. It applies when contraband is not physically on you, but prosecutors argue you had control over it. For example, if drugs are found under a car seat you are driving, the state may allege constructive possession. Arkansas courts require proof of knowledge plus control over the contraband’s location.
In Arkansas drug and firearm cases, prosecutors must prove possession. But “possession” does not always mean the item was in your pocket or hand. Courts recognize both actual possession and constructive possession. At Ludwig Law Firm, we help clients challenge weak possession claims that prosecutors often use to secure convictions.
As always - if you have a legal question you want answered in a future blog, submit it via the form on this page. Now, let's dive in!
Comparing Constructive and Actual Possession
Don't Wait To Call a Lawyer
The line between actual and constructive possession can determine whether you are convicted or acquitted in Arkansas. If you face possession charges, call Ludwig Law Firm at 501-838-4043 or visit our drug crime defense page today.
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Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.
Why This Difference Matters
Constructive possession cases often rely on circumstantial evidence. If you share a car or apartment, the prosecution must show more than proximity. They need additional factors linking you to the item, such as fingerprints, admissions, or exclusive access. Arkansas appellate courts have overturned convictions where constructive possession was too weak.
If You Need A Lawyer, Call Us Today
Our firm analyzes whether the state’s evidence truly proves control and knowledge. If the drugs or weapons were in a shared space, we argue lack of exclusive access. We also challenge the credibility of circumstantial evidence. At Ludwig Law Firm, we prepare for trial from day one. When needed, we work with Harry Warden, a Little Rock criminal defense attorney, to deliver both precision and firepower in Arkansas possession cases.
Why Arkansans Choose Ludwig
Frequently Asked Questions
Q. Can proximity alone prove constructive possession in Arkansas?
A. No. Courts require additional evidence connecting you to the contraband.
Q. Is constructive possession easier to fight than actual possession?
A. Often, yes. Constructive cases rely on circumstantial proof, which can be challenged.
Q. Can constructive possession apply in shared homes or cars?
A. Yes, but prosecutors must show evidence tying you specifically to the contraband.
