FELONIES

Arkansas Felony Lawyer

Being charged with a felony in Arkansas is serious. And when you are facing something serious, you need a serious Arkansas trial attorney on your team. Even the lowest level felony in Arkansas carries up to 6 years in prison and fines of up to $10,000 each. It is critical to have an experienced trial lawyer review the evidence in your case and develop a strategy to put you where you want to be. We have handled thousands of criminal cases and we know how to handle yours.

What is a Felony?

In Arkansas, a felony is any crime that is punishable by incarceration for a period of over one year. (Misdemeanors are only punishable by one year in jail or less.) If you have been charged with a felony offence in Arkansas, you should contact a qualified criminal defense attorney immediately. Being charged with a felony in Arkansas can put you at a serious risk of facing prison time.  

When facing a Felony in Arkansas, even the lowest level felony puts you at risk for up to 6 years in prison and a fine of up to $10,000.

Most drug crimes in Arkansas are Felonies. Due to the serious nature of felonies, you need an attorney who know the law and is ready to fight your case.

Mr. Clow has handled 1000’s of felonies and is a veteran trial attorney and former prosecutor who understands the complexity of felony cases. He has successfully used his knowledge and skill to get cases resolved, reduced, and dismissed.

Why should I Hire an Arkansas Criminal Defense Attorney?

Experienced criminal defense attorneys can help protect your rights, defend your freedom, and offer the peace of mind you need when attacking a criminal charge. It is extremely important to identify issues in your case and have the experience and knowledge to correctly develop all potential defenses in your case, all while putting the government in a position where they must meet their burden of proof.

Common Felonies in Arkansas

Breaking or Entering:

This occurs when someone has entered some type of property that is not theirs, usually this is a vehicle or storage shed.

Possession of firearms by certain persons:

In most cases, this refers to someone who has been convicted of a felony and is later caught with a gun. In Arkansas, the level of felony for this charge can vary depending on the specific facts of the case. Being a felon in possession of a firearm can result in a Class D felony or a Class B felony.

Defacing a firearm:

This is an offence when someone knowingly removes, defaces, mars, covers, alters, or destroys the manufacture’s serial number or identification mark of a firearm. Defacing a firearm is a Class D felony.

Theft by Receiving:

Being in possession of property when you know the property was stolen or having good reason to believe the property was stolen. The most common way people find themselves in this situation is being in possession of property which they paid well under market value for and that property turns out to be stolen. The value of the property determines the level of felony. Property Valued at $25,000 or more is a Class B felony, Property with a Value of more than $5,000 but less than $25,000 is a Class C felony, Property Valued at $5,000 or less but more than $1,000 is a Class D felony. Theft by Receiving of a firearm, regardless of the firearm’s value, is always a felony.

Fleeing in a Vehicle:

Fleeing in a vehicle under circumstances manifesting extreme indifference to the value of human life is a Class D felony. This most often occurs in DWI cases when the person is fleeing from police and eventually stops without actually injuring anyone.

There are many felonies in Arkansas and at Clow Law, we are equipped with the knowledge and skill to help achieve your case specific goals.

How Arkansas determines what drugs are Felonies

The Arkansas Uniform Controlled Substances Act sets out what drugs are controlled and what schedule level the drug is given. Arkansas categorizes drugs into 6 schedules and determines the level of felony based upon the amount of the drug:

Schedule 1: Drugs without any medical use that have a high likelihood of abuse.

Examples: Heroin, Opium, Ecstasy.

Less than 2 grams is a Class D felony

2 grams or more but less than 10 grams is a Class C felony

10 grams or more but less than 200 grams is a Class B felony

200 grams or more is a Class Y felony

Schedule 2: Drugs with Medical use but high risk of physical and psychological dependency and abuse.

Examples: Cocaine, Methamphetamine, Oxycodone, Adderall.

Less than 2 grams is a Class D felony

2 grams or more but less than 10 grams is a Class C felony

10 grams or more but less than 200 grams is a Class B felony

200 grams or more is a Class Y felony

Schedule 3: Drugs with Medical use and lower risk of abuse and addiction.

Examples: Anabolic Steroids, Ketamine, Buprenorphine.

2 grams or more but less than 28 grams is a Class D felony

28 grams or more but less than 200 grams is a Class C felony

200 grams or more but less than 400 grams is a Class B felony

400 grams or more is a Class Y felony

Schedule 4: Drugs with Medical use and have low risk of dependency and abuse.

Examples: Clonazepam, Ativan, other anti-depressants and sleeping medications.

28 grams or more but less than 200 grams is a Class D felony

200 grams or more but less than 400 grams is a Class C felony

400 grams or more but less than 800 grams is a Class B felony

800 grams or more is a Class Y felony

Schedule 5: Drugs that are considered the least dangerous.

Examples: Pseudoephedrine and other over the counter drugs.

28 grams or more but less than 200 grams is a Class D felony

200 grams or more but less than 400 grams is a Class C felony

400 grams or more but less than 800 grams is a Class B felony

800 grams or more is a Class Y felony

Schedule 6: Drugs with no approved medical use.

Examples: Marijuana & other Synthetic Cannabinoids

4 ounces or more but less than 10 pounds is a Class D felony

10 pounds or more but less than 25 pound is a Class C felony

25 pounds or more but less than 100 pounds is a Class B felony

100 pounds or more but less than 500 pounds is a Class A felony

500 pounds or more is a Class Y felony

(Delivery, possession of multiple types of drugs, the presence of a gun and various other factors can cause enhancements in the level of crime and possible sentencing ranges)

Drug crimes are by far the most common felonies in the United States with around 2,000,000 violations annually. This is why we put in the work to know the law and techniques to help place you in the best position when defending a drug crime in Arkansas.

How are Felonies Classified in Arkansas?

Felonies are divided into five main classes, each of which has a different penalty range.

What are the penalties for Felonies in Arkansas?

Class Y Felony: Minimum 10-year Sentence, and up to Life in Prison.

Examples: Drug Trafficking, Simultaneous Possession of a Firearm, Rape, Murder.

Class A Felony: Minimum 6-year Sentence, and up to 30 years and a $15,000 fine.

Examples: Possession of Controlled Substances with Purpose to Deliver, Conspiracy.

Class B Felony: Minimum 5-year Sentence, and up to 20 years and a $15,000 fine.

Examples: Possession of Firearm by a Felon, Theft of Property and Forgery.

Class C Felony: Minimum 3-year Sentence, and up to 10 years and a $10,000 fine.

Examples: Theft by Receiving, Failure to Appear and Battery.

Class D Felony: up to 6-year Sentence and a $10,000 fine.

Examples: Possession of Controlled Substances, Possession of Drug Paraphernalia, Breaking or Entering, Defacing a Firearm.

Can prior convictions change your sentencing range?

In Arkansas, previous convictions can increase your penalty ranges for new crimes.

Having more than 1 but less than 4 prior felonies classifies you as a Small Habitual Offender. This will add additional years of potential prison time to your sentence. Being previously convicted of 4 or more felonies classifies you as a Large Habitual Offender. This will significantly increase your exposure to lengthy prison sentences.

Felonies in Arkansas are serious; a conviction will affect the rest of your life. If you’ve been charged with a felony, contact us today to make sure your rights are protected.

What if I am convicted of a Felony in Arkansas?

If convicted, you can face a long list of consequences, some of which can include:

-     Prison Time

-     Tens of Thousands of dollars in Fines.

-     Loss of Employment

-     Loss of Voting Rights

-     Loss of Firearms Rights

-     Loss of Government Benefits

-     Driver’s License Suspension

-     Mandatory Drug Treatment

-     Mandatory Psychological Treatment

-     Hardships finding a Job

-     Inability to rent a place to Live

-     Professional License Issues

Can Felony charges be dropped?

Yes, just because you have been arrested or charged with a felony, that does not mean the charges can’t be dropped. All cases are different and the ability to convince the prosecutor to drop the charges against you depends on many factors.

We have experienced criminal defense attorneys and former prosecutors on our team who understand what is persuasive to prosecutors when they are looking at a case. Some of the most common ways of getting charges dropped are evidence that was obtained illegally, witnesses who have told different stories at different times, search warrant issues, officers not having probable cause to stop you and many others.

We know what to look for and how to present the arguments to a prosecutor. We have had many clients who believed they were guilty before they hired us. Guilt is a determination made by a court. You are not guilty of a crime unless a court says you are. There are many steps to be taken from the time of arrest to the conclusion of a criminal case and we are here to help ensure you are taking the right steps to help get the results you want. Give us a call, text or click below to schedule a consultation today to see how we can help!