What Is a Class B Felony in Arkansas?
Murder, rape and felonies that can be punished by life in prison are not classified in Arkansas. The state has a set of five classifications for all other felonies. The most serious felonies that aren’t punished by life in prison fall in Class Y. Beyond that, Class A has the most serious crimes while Class D has the least serious. Class B felonies include:
- Domestic violence – injuring a family member with a deadly weapon
- Burglary
- Theft
- Forgery
- Battery – first degree
Maximum and Minimum Sentences
Arkansas has sentence ranges for each of the felony classifications. For Class B crimes, the minimum is 5 years in prison and the maximum is 20 years. Punishment for felonies can also include fines. For Class B crimes, the maximum fine is $15,000.
Extended Sentences
There are a number of statutes that can increase the minimum sentence for Class B felonies, as well as other felonies, or trigger a higher penalty level. The presence of aggravating circumstances, including prior convictions, can lead to stiffer penalties. For example, if the Class B crime of battery involves a child 4 years old or younger, the penalty is enhanced to a Class Y category – which is a minimum of 10 years and a maximum of 40 years in prison. The same is true for a battery that involves a law enforcement officer. Another example is the crime of a terroristic act. This felony is a Class B crime, but if the act results in a serious injury or death, the penalty is enhanced to Class Y status. Defendants with prior convictions face increasingly higher minimum sentences under Arkansas law. In most cases, enhanced penalties are imposed without the possibility of parole.
Loss of Rights and Benefits
As soon as you are convicted you will lose the following rights in Arkansas:
- Vote
- Own or possess a firearm
- Hold state office
- Enlist in the armed service
- Serve on a grand jury
- Some federal and state licenses
The right to vote in Arkansas is restored automatically once the sentence has been completed. That is not the case with the other civil rights loss a result of a Class B or other felony conviction.
Employment and Housing with a Felony Record
Why is it so difficult for felons to get jobs or housing? Arkansas, and all other states, make it legal for employees and landlords to check the criminal records of applicants. For many, a conviction – particularly one of violence – is too great a risk to other tenants or workers. Having a criminal record can disqualify a person from state and federal programs offering low-income housing. The best bet for someone with a criminal record is to check with state agencies, such as the Department of Labor, to ask for employers and landlords that may be participating in re-entry programs designed to help convicted criminals.
Clearing Your Record
There is no expungement in Arkansas for adults who have committed felonies. If you are under the age of 18, it may be possible to have some non-violent felonies expunged. Check with an experienced criminal attorney to see if you quality. The most common way to attempt to restore civil rights lost with a felony conviction in Arkansas is with a pardon. There is no designated waiting period and even a prisoner can request a pardon. If you are rejected, there is a mandatory four-year waiting period before making another application. The Parole Board handles the investigation and makes a recommendation to the governor. However, it is very difficult to get a pardon in Arkansas. In 2012, a total of 65 pardons were granted; but many more than that were rejected.
For a list of crimes in the state, access Title 5 of the Arkansas Code. For information on sentencing guidelines, see the Arkansas Sentencing Commission website.
This article is for informational purposes only. If you need legal advice, you should consult an attorney.
Related: