First Degree Felony in Arkansas

Under Arkansas law, a first-degree felony is designated as a Class Y felony. Arkansas classifies felonies into five tiers under A.R. Code § 5-1-106(2024): Class Y, A, B, C, and D. Class Y is the most serious non-capital crime, while D is the least severe. Examples of first-degree felonies (Class Y), which carry the harshest penalties, include murder, aggravated robbery, kidnapping, and other violent offenses.

To compare, capital felonies such as capital murder are regarded as more serious than the classed felonies and are often punishable by death or with a life sentence without parole. However, the types of crimes listed as felonies from Class A through D in Arkansas carry a minimum and maximum sentence that progressively decrease. Thus, first-degree felonies are among the most serious charges, second only to capital offenses in Arkansas, and the related sentences from the Arkansas legal system reflect this.

Common Crimes Classified as Class Y (First Degree) Felonies in Arkansas

Under Arkansas law, Class Y felonies, also called first-degree felonies, are regarded as the most serious non-capital crimes in the state, and typical examples include:

• First-degree murder: This is the intentional and reckless killing of another individual.
• Aggravated Robbery: This is when theft is carried out with the aid of a deadly weapon or causing serious injury in the process of theft.
• First-degree sexual assault: This refers to sexual acts performed under coercive situations or performed without consent against minors
• Large-scale drug trafficking: This is the distribution of significant quantities of illegal drugs

Statistics from the Federal Bureau of Investigation (FBI) Crime Data Explorer show the trends of robbery, murder, and non-negligent homicide, sex offenses, and drug sales between 2023 and 2024 as follows:

Prison Sentences and Fines for First Degree Felonies in Arkansas

Under Arkansas Code § 5-4-401, individuals convicted of a Class Y felony (first-degree) are to be sentenced to not less than 10 years and not more than 40 years or life imprisonment. This is the case with Murder in the first degree. The exact sentence will depend on the actual crime and the presence of other aggravating factors such as the use of weapons, age of the victim, and the defendant’s criminal history.

As for parole, note that some class Y felonies, such as rape, murder, aggravated robbery, and kidnapping, require the offender to serve 70% of the sentence before eligibility for parole. Arkansas Code § 5-4-201 provides directions for fines and limits for maximums for felony convictions in Arkansas. However, this section does not explicitly give the maximum fine for Class Y felonies.

What is the Maximum Sentence for a First Degree Felony in Arkansas?

In Arkansas, the maximum sentence for a first-degree felony, which is a Class Y felony, is life imprisonment. Under Arkansas Code § 5-4-401, class Y felonies carry a range of 10 years to 40 years and ultimately to life imprisonment. However, the exact sentence given by the court will depend on the offense and other aggravating factors during the crime. These aggravating factors include the use of a firearm, being a repeat offender, or targeting a victim in a hate crime.

Public Access to Class Y (First Degree) Felony Records in Arkansas

In Arkansas, first-degree felony records are generally public as they are part of the official court records. Under the Arkansas Freedom of Information Act (FOIA), the public can access criminal case files and judgments unless they are sealed by a court order, restricted by the law, or involve juveniles. Also, sealed records, expunged cases, or cases with sensitive victims are not open to public view.

To obtain first-degree felony records in Arkansas, interested persons can use the CourtConnect Portal provided by the Arkansas Administrative Office of the Courts. Users of the portal can search by name, case number, or judge. Also, records are available in person from the clerk of the county where the case was filed. In addition, there are public access terminals that can be used for lookups at many courthouses. Requesters should note that using a portal and public access terminals is free, but obtaining certified records often requires a fee.

Table on Accessing First-Degree Felony Records in Arkansas:

Can First Degree Felony Records Be Sealed or Expunged in Arkansas?

In Arkansas, sealing and expungement are the legal processes where public access to criminal records is restricted. Sealing means the record is still available, but the public will no longer be able to view it, while expungement implies the destruction of the record.

For most people with minor offenses, such as lower-level felony convictions like Class C or D felonies, records are sealed after completion of probation, or if the cases are dismissed without conviction. However, serious crimes like first-degree felonies (Class Y felonies) are not eligible as they are excluded under Arkansas Code § 16-90-1401 et seq. Arkansas statutes limit the sealing for public safety reasons so that violent crimes continue to be visible on background checks.

Limited exceptions to sealing for Class Y felonies are if the charges are dismissed, the defendant is acquitted, or the convictions were reversed on appeal. Otherwise, the records typically remain permanently accessible to the public.

Difference Between First Degree and Second Degree Felonies in Arkansas

In Arkansas, felonies are grouped based on the severity of the crime into classes. First-degree felonies, which are regarded as the most severe non-capital crimes, are classified as Class Y felonies under Arkansas Code § 5-4-401. These carry sentences of 10 to 40 years or life imprisonment, and the offenses require the convicted to serve at least 70% of the sentence before eligibility for parole. These crimes typically include violence, the use of weapons, or violence resulting in harm to the victims. Examples of first-degree felonies in Arkansas include first-degree murder, rape, aggravated robbery, and kidnapping.

By contrast, Arkansas classifies second-degree felonies as Class B. Even though they are less severe, they still carry heavy penalties of from 5 to 20 years imprisonment and fines of up to $15,000. Examples of second-degree felonies in Arkansas include manslaughter, second-degree battery, and burglary. These crimes lack the aggravating factors like intent to kill, use of deadly weapons that go with first-degree felonies.

Table: First Degree vs. Second Degree Felonies in Arkansas:

Statute of Limitations for Class Y (First Degree) Felony Charges in Arkansas

Arkansas statute of limitations sets the time limit for prosecutors to file criminal charges, ensuring timely prosecutions while the evidence is still reliable. In Arkansas, while lesser felonies may have limits from three to six years, most first-degree felonies (classified as Class Y) do not have a statute of limitations under Arkansas Code § 5-1-109. Thus, charges can be filed at any time, regardless of when the crime occurred. These offenses, which are classified among the most serious, include murder and sexual crimes against minors.

Probation and Parole Eligibility for First Degree Felonies in Arkansas

Arkansas law tightly restricts probation and parole eligibility for first-degree felonies due to the severity of the crimes per Arkansas Code § 5-4-301. As such, probation is generally not available for Class Y felonies such as murder, rape, or aggravated robbery, which are classified amongst the most violent of offenses. Arkansas courts typically will impose a prison sentence for these crimes, and probation is only considered in rare exceptions, as specifically authorized by the law.

Parole for first-degree felonies in Arkansas may be available depending on the nature of the offense. Under Arkansas Code § 16-93-618 (also referred to as the truth in sentencing rules) most Class Y felonies (first degree) require the offenders to serve 70% of their sentence before eligibility. However, some crimes, such as capital murder, or when there are aggravating circumstances, or when a repeat offender commits the crime, may further restrict or eliminate parole opportunities.

Impact of a Class Y (First Degree) Felony Conviction on Criminal Records in Arkansas

A first-degree felony conviction in Arkansas leaves a lasting mark on an individual's criminal record, often creating barriers that persist long after the sentence is completed. First-degree felonies are classified as Class Y felonies, and because of their severity, they remain available to interested parties such as landlords, employers, and licensing boards. These can impact an individual's search for employment or restrict their housing opportunities, and this can be a life-long impact after a first-degree felony conviction in Arkansas, as Class Y felonies cannot be expunged or sealed.

Convicted felons also lose their voting rights when incarcerated, on probation, or on parole, and these rights may only be restored after completing all the terms of the sentence, including fines and restitution. Convicted felons also lose the right to possess firearms in Arkansas, and this right can only be restored by the Governor or federal authorities with strict conditions and waiting periods.