What is a Second Degree Felony in Arkansas?

In Arkansas, crimes are classified into categories like felonies or misdemeanors. Felonies are assigned a specific class, such as Class Y, A, B, C, and others, to each offense, which determines its severity and potential penalties. Generally, a Class A felony is a serious crime punishable by 6 to 30 years in prison and a fine of up to $15,000. While not the most severe, Class A felonies are the second most serious felony level in the state, with examples including aggravated robbery, human trafficking, and certain sex crimes. Class A felonies are less severe than Class Y felonies but are more serious than Class B felonies and misdemeanors. The specific penalties can depend on factors like the presence of aggravated circumstances, such as the use of a deadly weapon or the involvement of a minor. Several provisions of the Arkansas Criminal Code specify the types of crimes that can qualify as a Class A felony.

Which Crimes Are Considered Second-Degree Felonies in Arkansas?

The state of Arkansas provides an exhaustive list of crimes that can be categorized as Class A felonies. Some of them include:

• Incest when the victim is below 16 (Statute 5-26-202)
• Healthcare Fraud - $1,000,000 or more (Statute 5-37-217 (a) & (b)(2)(D))
• Treason (Statute 5-51-201)
• Sexual Assault, First Degree (Statute 5-14-124)
• Making a Terrorist Threat (Statute 5-54-203)
• Possession of Controlled Substance (Statute 5-64-419(b)(5)(F))
• Engaging in Continuing Gang Org. or Enterprise (First Degree) (Statute 5-74-104)
• Trafficking of Persons (Statute 5-18-103 (a)(5) & (c)(1))
• Patronizing a Victim of Human Trafficking if the Victim is a Minor (Statute 5-18-104 (a) & (b)(2))
• Domestic Battering I (Statute 5-26-303 (b)(2))
• Internet Stalking, arranges meeting and meets with child 15 or younger (Statute 5-27-306)
• Violent Criminal Group Activity, Enhanced (Statute 5-74-108)
• Capital Murder - Conspiracy/Solicitation to Commit (Statute 5-10-101)
• Murder II (Statute 5-10-103)

What is Second Degree Murder and How is it Classified in Arkansas?

Under Arkansas Statute 5-10-103, second-degree murder is a Class A felony that is less severe than the other types of murder because it does not involve premeditation. However, it is more severe than manslaughter which is less intentional. It is committed when a person knowingly causes the death of another person intending to cause serious physical injury. It is committed when a person causes death under circumstances demonstrating extreme indifference to the value of human life. This offense carries the penalty of a fine and imprisonment up to 30 years. For a person to be charged with second-degree murder, the court must prove that:

• It was an unlawful killing: The defendant caused the death of another person
• The defendant acted with one of the following mental states:
  • Intent to cause death without premeditation
  • Intent to cause serious injury
  • There was extreme indifference to human life.

Arkansas Second Degree Felonies Penalties and Punishments

In Arkansas, a Class A felony carries a penalty of 6 to 30 years in prison and a maximum fine of $15,000, according to Arkansas Code § 5-4-401. Specific examples of Class A felonies include aggravated robbery and human trafficking.

Sentencing for a Class A felony is determined by the type of offense committed and the presence of any aggravating circumstances such as carrying a deadly weapon, reckless endangerment, or involvement of a minor. Other factors that may influence a Class A felony sentencing include the habitual offender status of the suspect and whether the defendant derived financial gain from the offense.

The sentencing ranges for some felony offenses are listed in the table below:

Are Second Degree Felony Records Public in Arkansas?

Yes. Under the Arkansas Freedom of Information Act, public records are generally accessible to the public unless specific exceptions apply. Felony conviction records, such as second-degree felonies, are public in Arkansas and can be accessed through the state's criminal record search systems. However, some information may not be accessed by the public and is exempt from public view. Some of them include:

• Juvenile court proceedings and records
• Victim identifying information
• Sealed arrests or convictions.

How to Access Second Degree Felony Court Records in Arkansas

All felonies in Arkansas fall under the general jurisdiction of the Circuit Court. Therefore, this is usually where criminal case records searches begin. To obtain a class A felony court record, one may need to locate the precise Arkansas courthouse where the case was filed. Using public search portals to request court information is another method of locating court records for second-degree felonies.

Interested persons may search for a second-degree felony court record through the methods below:

• Contact the relevant court: To view, obtain, or inquire about a second-degree felony court document, one may contact or visit the local circuit court where the case was filed. Requests for records can also be made via mail, email, or phone to the circuit court clerk's office. To expedite a request, individuals may need to provide as much information as possible, such as the full name of the defendant and the case number. Be prepared to pay a fee for copies of court documents. The specific cost can vary by county
• Online court case search: The Arkansas Judiciary provides public access to case information through its Search ARCourts online portal. To find a record, visit the ARCourts portal and search for a case using the name of an involved party or the case number. While most circuit court information is available, some rural counties may not provide complete details electronically. The portal typically displays basic case information and docket entries.
• Requesting a criminal background check: One may contact the Arkansas State Police to obtain a certified criminal history record, which would include a felony conviction. One can submit a request through the Arkansas Criminal History (ARCH) online system, but this typically requires a $24 fee and a signed consent form from the subject of the record. For a fee of $25 per check, one can also mail in a request with the proper form and payment for a non-fingerprint-based check

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Class A felony charges can be reduced or dismissed in Arkansas through various legal avenues. However, this depends on the severity of the case, evidence, and legal representation. Consulting with a qualified Arkansas felony defense attorney is essential to understanding the available options and navigating the legal process effectively.

A defense attorney can challenge the prosecution's case by disputing the legality of searches, disputing the admissibility of evidence, or providing an alibi, which can lead to reduced charges or dismissal. The defendant's lawyer may also negotiate a plea bargain to lessen the harshness of the punishment and the gravity of the charge, or to drop part of the initial charges. A plea bargain is a negotiated agreement in a criminal case where the defendant agrees to plead guilty or no contest in exchange for concessions from the prosecutor, such as a reduced charge or a more lenient sentence.

In some felony cases, one may participate in a pretrial diversion program. Arkansas has diversion programs that can reduce or dismiss charges, including felonies. These are part of a broader effort to reduce recidivism and improve the criminal justice system through initiatives. While specific programs can vary by district and focus on rehabilitation over punishment for eligible offenders, success in completing a program can lead to a dismissal or reduction of charges, preventing a felony conviction and its consequences.

Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in Arkansas?

It depends. A conviction for a Class A felony or murder record in Arkansas generally cannot be sealed or expunged. Class A felonies that are not related to controlled substances, violent felonies, and most sexual offenses (especially those involving a minor victim) are ineligible for record sealing.

However, drug offenses under the Class A Controlled Substances Act are eligible for sealing or expungement. Furthermore, the Arkansas expungement law allows for the expungement of non-conviction records, including dismissed or “nolle prosequi” felony charges. One must file a petition with the court, and eligibility depends on the specific circumstances of the case and the criteria set forth by Arkansas expungement laws. Furthermore, individuals who were acquitted at trial may have all arrest records, petitions, orders, docket sheets, and any other documents relating to the case expunged.

Individuals eligible to have an offense expunged may then file a petition to seal their records.

How Long Do Second-Degree Felony Records Stay Public in Arkansas?

Class A felony records in Arkansas remain public permanently unless sealed or expunged. However, certain Class A felonies, such as those involving violence or certain sex offenses, are not eligible for sealing while drug-related Class A felonies and other specific non-violent offenses may be eligible for sealing after completing the sentence and waiting periods.