Understanding Class A Misdemeanors in Arkansas

A misdemeanor in Arkansas, according to Ark. Code § 5-1-107, is a crime not designated as a felony by law but for which imprisonment is a possible sentence. Misdemeanors are generally considered less severe than felonies and are classified into three categories, designated as Class A, B, and C, depending on the severity of the crime. A Class A misdemeanor is the most serious type of misdemeanor (followed by Class B, and then Class C), carrying the highest penalties for that category under Arkansas law.

Misdemeanors are generally outlined in the state's criminal code. However, some misdemeanors are also outlined in statutes outside the criminal code. Any unspecified misdemeanor offense outlined outside the criminal code that does not have a prescribed imprisonment sentence is automatically classified as a Class A misdemeanor.

Examples of Class A Misdemeanors in Arkansas

Class A misdemeanors in Arkansas are considered serious offenses, ranking just below felonies. Offenses such as third-degree battery, second-degree criminal mischief, harassment, and resisting arrest fall into this category. However, these are not the only crimes considered Class A misdemeanors in Arkansas, as many other offenses of similar gravity are classified in the same manner. The Class A misdemeanor classification communicates that although the conduct involved may not be a felony, it is still regarded as notably serious and may carry significant consequences.

The table below describes some Class A misdemeanors in Arkansas and their corresponding legal consequences.

To see how criminal laws are applied in Arkansas, individuals can review specific cases by accessing Arkansas criminal court records.

Penalties for a Class A Misdemeanor in Arkansas

Class A misdemeanors represent the most serious category of misdemeanor offenses in Arkansas and carry the most severe penalties. For comparison, Class C misdemeanors are punishable by up to 30 days in jail and a fine of up to $500, while Class B misdemeanors may result in up to 90 days in jail and a fine of up to $1,000. A Class A misdemeanor conviction, in contrast, can result in a jail sentence of up to 1 year and a maximum fine of $2,500.

However, several factors may influence (aggravate or mitigate) the penalties actually imposed on an offender. For instance, if an offender benefits financially from a crime, the judge may order them to pay up to twice the amount they gained from the crime, even if it exceeds the $2,500 threshold (Ark. Code § 5-4-201). The cancellation or suspension of licenses is also a possible penalty when permitted or required by law.

Probation and Alternative Sentencing Options in Arkansas

Fines and imprisonment are not the only possible punishments meted out to individuals convicted of a misdemeanor in Arkansas. Pursuant to Ark. Code § 5-4-104, an Arkansas court has the discretion to impose a range of alternative or supplemental penalties. These can include probation, suspended sentences, and restitution (to victims). The court's discretion to use these alternatives usually depends on the nature and circumstances of the offense and the defendant's criminal record.

The table below outlines alternative sentencing options in Arkansas, along with their respective conditions.

Can a Class A Misdemeanor Be Expunged or Sealed in Arkansas?

Yes. The Comprehensive Criminal Record Sealing Act of 2013 governs the sealing of criminal records in Arkansas. Under this Act, individuals are eligible to immediately petition the court to seal a misdemeanor conviction, including a Class A misdemeanor, once they have fully satisfied all terms of their sentence. This includes:

• Paying all court costs related to the conviction
• Paying any restitution owed to victims
• Completing driver's license reinstatement requirements, including the payment of fees, if applicable

However, the following offenses, when charged as a Class A misdemeanor, are not eligible for immediate sealing until five years after sentence completion:

• Battery in the third degree
• Negligent homicide
• Indecent exposure
• Public sexual indecency
• Domestic battering in the third degree
• Sexual assault in the fourth degree

There is generally no lifetime limit on the number of misdemeanors a person can have sealed. If a petition is rejected, the petitioner must wait at least 90 days before reapplying, or 1 year for more serious offenses. If the petition is granted, individuals may perform a Criminal Background Check with the state police department to verify sealing and confirm that there are no inaccuracies.

There are no provisions in Arkansas law for expunging criminal records, as in some other states. Criminal records can only be sealed, meaning they become confidential but are not destroyed or erased. Although true expungement does not occur in the state, sealing still improves the lives of convicted persons regarding housing, employment, and other benefits.

The table below further highlights sealing conditions for first-time offenders, multiple offenses, and violent crimes in Arkansas.

Long-Term Consequences of a Class A Misdemeanor Conviction

In Arkansas, the consequences of a Class A misdemeanor conviction often extend beyond the court-imposed fines or incarceration.

When an individual is arrested (typically by the Arkansas State Police or other local law enforcement agency), prosecuted, and convicted, these events are documented in their permanent criminal record. This record is publicly accessible by default, unless it has been sealed by a court. In cases where the record is public and not sealed, the individual may experience difficulties with employment, housing, licensing, immigration, and receiving certain benefits. This is because background checks are typically required in each of these scenarios and would reveal any criminal record a party may have. However, the extent to which a person is affected depends on the type of offense for which they were convicted.

What to Do if You're Charged with a Class A Misdemeanor in Arkansas

A person can be charged with a Class A misdemeanor in Arkansas when they are suspected of committing a crime that falls under that category. Firstly, individuals should determine which jurisdiction in Arkansas the charge arose from, as this can influence how the case is handled. Arkansas is divided into 28 judicial circuits, with each circuit having its own prosecuting attorney (e.g, First Judicial Circuit Prosecuting Attorney) responsible for pressing criminal charges within the area.

Once jurisdiction is determined, the individual should carefully review the charges, ideally with the assistance of an attorney. The defendant should follow all court instructions, attend hearings, and comply with orders as the case progresses. Defendants should also ensure they gather all relevant information that may be essential to their defense in court and follow the legal guidance of a qualified criminal defense attorney.

Statute of Limitations for Class A Misdemeanors in Arkansas

The statute of limitations is the maximum amount of time within which prosecutors are allowed to file charges for an alleged offense. Prosecutors generally have 1 year from the date of the commission of a misdemeanor, irrespective of the Class, to file charges pursuant to Ark. Code Ann. § 5-1-109(b)(3). However, if the statute of limitations has expired and the misdemeanor involves fraud, breach of fiduciary obligation, or domestic violence, there may be extensions.

The table below captures the statute of limitations for Class A misdemeanors and possible extensions in Arkansas.