Arkansas Misdemeanor Crimes by Class and Sentences

Arkansas uses three classifications of misdemeanors—Class A, B, and C misdemeanors. Misdemeanors can mean jail time and fines. This article will review penalties and sentencing options for misdemeanor convictions in Arkansas.

How Arkansas Classifies Misdemeanors

Misdemeanors in Arkansas may be designated as Class A, B, or C. Some misdemeanors are unclassified. For unclassified crimes, the criminal statute will set the sentence. (Ark. Code §§ 5-4-201, 5-4-401 (2023).)

Class A Misdemeanor Penalties

Class A misdemeanors are the most serious type of misdemeanor in Arkansas, punishable by up to one year in jail and a fine of up to $2,500. Examples of class A misdemeanors include:

• battery in the third degree
• communicating a false alarm (sometimes called swatting)
• doxing a minor on social media
• joyriding
• rioting
• theft (less than $1,000), and
• witness tampering.

(Ark. Code §§ 5-13-203, 5-27-610, 5-36-108, 5-53-110, 5-60-123, 5-71-201, 5-71-210 (2023).)

Class B Misdemeanor Penalties

A conviction for a class B misdemeanor can result in a jail term of up to 90 days and a fine of up to $1,000. Examples of class B misdemeanors include:

• assault in the second degree
• criminal mischief in second degree (damage less than $1,000)
• cyberbullying
• failure to report or control a dangerous fire
• prostitution, and
• unlawfully flying a drone over critical infrastructure.

(Ark. Code §§ 5-13-203, 5-38-204, 5-38-303, 5-60-103, 5-70-102, 5-71-217 (2023).)

Class C Misdemeanor Penalties

Class C misdemeanors are the least serious misdemeanors in Arkansas, punishable by up to 30 days in jail and a $500 fine. Examples of class C misdemeanors include:

• assault in the third degree
• criminal trespass after warning
• failure to disperse
• highway solicitation
• public intoxication, and
• unlawful assembly.

(Ark. Code §§ 5-13-207, 5-39-304, 5-67-107, 5-71-212, 5-71-205, 5-71-206 (2023).)

Sentencing Enhancements for Misdemeanors in Arkansas

Arkansas law permits sentencing enhancements or mandatory penalties for certain misdemeanors involving protected classes of victims or increased risk of harm.

Additional jail time. For example, any person who purposely commits a crime against a current or former law enforcement officer or first responder will face an additional jail term. If the crime was a class A misdemeanor, the judge can add up to a year of jail time to the sentence.

Mandatory sentences. Other misdemeanor crimes may have mandatory minimum jail sentences or fines. Rioting, for instance, carries a minimum 30-day jail sentence and mandatory restitution. A person who injures a sports referee faces a minimum $2,500 fine.

Enhanced to a felony. Some misdemeanors carry felony penalties if the defendant has prior convictions, targets vulnerable victims, or causes increased harm. A second or subsequent swatting offense goes up to the class D felony, as does a third conviction for class A misdemeanor criminal trespass. Domestic battering of a pregnant woman increases a class A misdemeanor to a class D felony. Third-degree battery also increases from a misdemeanor to a class D felony if the defendant causes serious bodily harm, batters a victim younger than 12 or older than 60, or harms a teacher or school employee.

(Ark. Code §§ 5-4-704, 5-4-705, 5-13-202, 5-13-209, 5-39-304 (2023).)

How Misdemeanor Sentencing Works in Arkansas

Judges have several sentencing options available for misdemeanor convictions, including jail time, fines, and restitution.

A court can also suspend all or part of a jail sentence and place a defendant on probation. Conditions of probation can include up to 30 days of jail time, court-ordered treatment or supervision, restrictions on firearm possessions, no-contact orders, job requirements, and even getting a high school diploma.

(Ark. Code §§ 5-4-303, 5-4-801 (2023).)

Statutes of Limitations for Misdemeanors in Arkansas

Most crimes have a time limit (called a statute of limitations) by which the state must begin criminal prosecution or the defendant can have the case thrown out. In Arkansas, the state typically has one year from the date a misdemeanor is committed to begin criminal prosecution. (Ark. Code § 5-1-109 (2023).)

Getting Legal Help

Any criminal conviction can have serious and lasting consequences. If you are charged with any crime, you should talk to a local criminal defense attorney in Arkansas. An experienced attorney can tell you what to expect in court and how best to protect your rights and defend your case.