What Is a Class C (Third-Degree) Felony in Arkansas?

Under the Arkansas felony classification system, based on severity and sentencing range, a third-degree felony is equivalent to a Class C felony. A Class C felony in Arkansas is a serious crime, but it is not among the most serious categories. According to Arkansas Code § 5-4-401(a)(4), crimes within the Class C category are punishable by 3 years and 10 years imprisonment, in addition to fines of up to $10,000.00. Nonetheless, the penalty for a specific Class C felony in Arkansas depends on the nature of the offense, the offender's criminal history, and the judge's discretion at the sentencing.

Similar to other criminal offenses, a Class C felony conviction may have consequences beyond the initial penalties. In addition to prison terms and potential financial implications, criminal records resulting from Class C felony convictions may have negative impacts on social status, housing options, and employment opportunities.

Common Offenses That Fall Under Class C (Third-Degree) Felony Charges

Third-degree (Class C) felonies in Arkansas refer to offenses the state considers as the fourth most severe felony category under its penal code. Offenses within Arkansas's Class C felony group are punishable by 3 to 10 years imprisonment, and/or fines of up to $10,000.00.

Although Arkansas laws establish the legal boundaries for sentencing, judges may determine the length of an individual's prison term for these types of crimes based on the offender's history and the presence of mitigating or aggravating factors. Crimes within Arkansas's Class C felony category include:

• Battery in the second degree
• Commercial burglary
• Forgery in the first degree
• Interference with court-ordered custody
• Theft of property whose value is between $5,000.00 and $25,000.00.

Penalties and Sentencing for Class C (Third-Degree) Felonies in Arkansas

The penalties for Class C felonies in Arkansas include prison terms and fines. Section 5-4-401 of the Arkansas Code mandates a 3 to 10 years imprisonment for convicts of Class 3 felonies within the state. Additionally, offenders may be required to pay fines of up to $10,000.00. Beyond the prison terms and fines, additional court fees may also be imposed.

Sentencing for Class C felonies in Arkansas is not a one-size-fits-all process. Judges consider the offender's criminal record and the presence of aggravating or mitigating factors when sentencing, which determines the length of the prison term within statutory limits.

Furthermore, the court may impose probation for a Class felony if the offense and the offender are eligible. Probation allows offenders to serve their sentences within the community under court-imposed conditions, which may include:

• Reporting regularly to a probation officer
• Payment of restitution, fines, or fees
• Completing treatment programs or community service
• Not contacting the victims
• Remaining law-abiding.

After the probation period, the court may dismiss the charges against the defendant.

Will You Go to Jail for a Class C (Third-Degree) Felony in Arkansas?

Yes, a third-degree (Class C) felony in Arkansas may result in a prison term. Arkansas Code § 5-4-401(a)(4) mandates imprisonment of not less than 3 years for Class C felonies. However, individuals guilty of Class C felonies in Arkansas may avoid prison through probation. This option allows an offender to serve the penalty for a crime within the community instead of prison.

An Arkansas judge may impose probation for a Class C felony instead of a prison sentence for a non-violent, non-sexual first-time Class C felony if there is no mandatory third-degree felony jail time for the specific offense.

How Long Does a Third-Degree Felony Stay on Your Record?

A third-degree or Class C felony conviction in Arkansas will remain a permanent part of the owner's criminal record unless it is expunged. Otherwise, these records are publicly accessible through public record requests and background checks.

However, the Arkansas Comprehensive Criminal Record Sealing Act of 2013 grants individuals the right to petition for the sealing of eligible criminal records, including those related to Class C felonies. After sealing, the public can no longer access these records, and their owners can legally claim they were never convicted. The Arkansas Comprehensive Criminal Record Sealing Act does not apply to all Class C felonies. Only non-violent crimes, and individuals who complete probation or are arrested but not convicted, may be eligible. Additionally, eligible individuals are required to observe a 5-year waiting period.

Can a Class C (Third-Degree) Felony Be Sealed or Expunged in Arkansas?

Yes, a Class C felony record in Arkansas is sealable. The Arkansas Comprehensive Criminal Record Sealing Act of 2013 permits an individual to petition the courts to seal eligible non-violent and non-sexual Class C felony records.

In Arkansas, sealing serves the same purpose as traditional expungement, and the state only provides a mechanism for sealing records. Under Arkansas law, an individual who completes the sentence for an eligible crime can petition the Circuit Court that handled the specific case to seal the conviction record.

Once a court seals a Class C felony record in Arkansas, the underlying conduct becomes inaccessible, and the law deems it to have never occurred. However, these sealed records may remain accessible to law enforcement and certain licensing agencies.

The sealing of records in Arkansas does not apply to all Class C felonies. Arkansas does not permit sealing for:

• Violent crimes
• Sex-related offenses
• Crimes with mandatory minimum sentences
• Offenses requiring sex offender registration.

How Class C (Third-Degree) Felonies Compare to First- and Second-Degree Felonies

Unlike other U.S. states that use a degree system to classify felonies, Arkansas uses an alphabet-based system to classify felonies. Hence, using the severity of offenses and harshness of their penalties as indicators, first, second, and third-degree felonies are comparable to Class Y, A, and C felonies under the Arkansas system.

Class Y Felonies

In Arkansas, the Class Y felony group contains the most serious crimes. The penalties for offenses within this class are the most severe penalties under the Arkansas Criminal Code, second only to capital murder. Individuals guilty of Class Y felonies in Arkansas may serve 10 years to life imprisonment. In addition, the court may impose fines of up to $15,000.00. Crimes within Arkansas's Class Y felony group include:

• First-degree murder
• Rape
• Aggravated robbery.

Class A Felonies

A Class A or second-degree felony in Arkansas is a serious crime with severe consequences. This category of felony includes serious assaults, high-level drug offenses, offenses that result in significant bodily harm and risk to human life, or major property damage.

Excluding capital murder, Class A felonies are the second most serious offenses after Class Y crimes. A conviction for a Class A felony in Arkansas may result in 6 to 30 years imprisonment, plus fines of up to $15,000.00. Examples of offenses in Arkansas's Class A felony group include:

• Second-degree murder
• Non-aggravated kidnapping
• Aggravated assault on a law enforcement officer
• Attempted rape
• Arson causing serious injury

Class C Felonies

Though Class C felonies are serious offenses, they are less severe than Class Y and Class A felonies. Arkansas categorizes Class C felonies as mid-level crimes. Offenses within the Class C category may result in 3 to 10 years imprisonment in a state penitentiary, in addition to up to $15,000.00. Offenses within the Class C felony group in Arkansas include:

• Forgery
• Commercial burglary
• Theft of moderate amounts
• Some Fraud or identity theft crimes.

How to Look Up Third-Degree Felony Records in Arkansas

Individuals seeking access to Class C felony records in Arkansas have several options. The Arkansas Judiciary Case Search Portal offers free access to civil and criminal court records from county Circuit and District Courts. Users of this search tool can access information about Class C felony convictions using names or case numbers. Record seekers can also access Class C felony records online through the Arkansas Department of Public Safety's Online Criminal Background Check System. Arkansas Class C felony records may also be accessible online through third-party online repositories that maintain databases of Arkansas court records.

To access records that are not accessible online, interested parties should visit or mail the Circuit Clerk's Office in the county where the specific case was filed.

Probation and Parole for Class C (Third-Degree) Felony Offenders

In Arkansas, a judge may suspend part or all of the sentence for an eligible Class C felony and impose probation if the offense meets specific criteria. The court grants probation when:

• The offense is non-violent.
• The defendant does not have an overwhelming criminal history.
• The offense does not relate to sex crimes against minors or violent sex crimes.
• The offense does not involve serious bodily injury.

Probation allows offenders to serve part or all of their sentences under community supervision instead of in prison. While on probation, the defendant must adhere to all court-imposed conditions, which typically include:

• Reporting regularly to a probation officer.
• Paying restitution or fines.
• Maintaining employment or education.
• Submitting to drug tests.
• Avoiding further law violations.

Depending on the type of crime and the offender's criminal history, individuals serving prison terms for crimes in Arkansas may become eligible for parole. Parole allows the early release of convicts from prison. The Arkansas Parole Board determines eligibility according to Section 16-93-601 et seq of the Arkansas Code.

Typically, parole in Arkansas applies to non-violent and non-sex-related convictions. Additionally, inmates must serve at least 50% of their sentences before they become eligible for parole consideration.

Caveat: eligibility does not automatically translate to parole; the Arkansas Parole Board considers:

• The nature and severity of an offense
• The disciplinary record of the inmate
• Previous criminal records
• Completion of required programs
• The individual's threat to public order
• Victims and community input.