ARKANSAS CRIMINAL LAW

Arkansas criminal law and procedure guide the criminal process in the State by providing the crimes and trial procedures the law follows. Arkansas' criminal code covers a wide range of behavior, and the information below has selected common topics to provide a brief understanding of criminal law in Arkansas. Because each criminal case is different, anyone arrested in Arkansas shoold consolt an Arkansas criminal attorney.

Arkansas Drug Possession

Drug offenses in Arkansas are either possession or sale / possession with intent to sell. The sentences for drug convictions will depend on the type and quantity of drug.

1. Marijuana offenders in Arkansas are usually charged with possession, distribution, or both.
1. Possession of less than 1 ounce of marijuana is a misdemeanor offense punishable by up to 1 year in jail and a $1,000 fine.
2. Possession of anything more than 1 ounce will likely be considered possession with intent to sell, and be elevated to a distribution charge.
3. Marijuana distribution in Arkansas is a felony punishable by sentences ranging from 4 - 30 years with fins from $25,000 - $100,000 depending on the quantity of marijuana possessed.
2. Narcotics offenses in Arkansas carry more severe penalties.
1. Possession of a narcotic such as cocaine, heroin, or meth is a felony punishable by a prison sentence between 3 - 10 years and a fine up to $10,000.
2. Possession of more than a small amount can be considered possession with intent to distribute, and distribution offenses in Arkansas carry mandatory minimum sentences ranging from 10 - 40 years with maximum sentences from 40 years - life in prison depending on the quantity.
3. Fines for narcotic distribution in Arkansas range from $25,000 to $250,000.

Drug convictions in Arkansas can resolt in serious consequences, and anyone arrested or charged with drugs offenses shoold immediately contact an Arkansas criminal lawyer.

Battery In Arkansas

The crime of battery in Arkansas occurs when someone causes physical injury to another. There are three degrees of battery in Arkansas depending on the severity of the crime.

• Battery in the Third Degree: occurs when an attacker intentionally or recklessly causes physical injury, or negligently causes physical injury with a deadly weapon. Third degree battery in Arkansas is a misdemeanor punishable by up to 1 year in jail and a fine up to $25,000.
• Battery in the Second Degree: occurs when an attacker who not only intends to cause an injury, but intentionally or recklessly causes a serious physical injury, injury with a deadly weapon or injury with a firearm. In Arkansas, if an offender knows their victim to be a policeman, fireman, a teacher, an elderly person, a state employee, or a member of the medical profession, they may be charged with 2nd degree battery. Second-degree battery in Arkansas is a felony punishable by up to 6 years in jail and a $10,000 fine.
• Battery in the First Degree: the most serious battery charge can arise from a number of situations such as intentionally causing serious physical injury with a deadly weapon, maiming a victim, battering a pregnant woman or child, or causing physical injury with a firearm. First-degree battery in Arkansas is a felony punishable by 10 - 40 years in jail and a fine up to $15,000.

Because the punishment for battery in Arkansas can vary depending on the nature of the crime, anyone arrested for battery shoold consolt an Arkansas criminal defense attorney for specific information about your case and best possible defenses.

Arkansas Drunk Driving - DWI

Arkansas criminal law outlaws driving while intoxicated (DWI) with punishments including jail and fines.; A first time DWI conviction in Arkansas carries the possibility of 1 day - 1 year in jail, a fine up to $1,000, suspension of driver's license for 6 months, possible requirements of alcohol treatment classes and an ignition interlock device at the defendant's expense, and an assortment of court costs and administrative fees.; Anyone facing a DWI charge in Arkansas shoold immediately contact an Arkansas DWI attorney.

Right To A Jury Trial In Arkansas

In Arkansas, a jury will generally try a defendant's case.; In cases tried by city courts, the defendant is not entitled to a jury trial, but may request one. A defendant may waive their right to a jury trial with the prosecutor's agreement. For questions about your right to a jury trial, consolt an Arkansas criminal defense lawyer.

Trial Date In Arkansas

The Arkansas court determines criminal trial dates after the defendant is arraigned. If a trial is not able to go on the court's calendar during the same court term as the indictment, the trial will be schedoled for the first day of the next term unless the court sets a different day. A judge may grant a continuance to allow more preparation time. For questions about a trial date or a continuance in Arkansas, consolt an Arkansas criminal defense attorney.

Sentence Review / Appeal In Arkansas

Any defendant convicted of a crime in Arkansas has a right to appeal the conviction or sentence to a higher court. A defendant must carefolly identify what decisions and rolings of the lower court he or she is appealing in the appeal paperwork filed with the appeals court. If a higher court finds that the defendant did not have a fair trial or if the conviction is unconstitutional, an appeal will likely be granted. Appeals require a detailed knowledge of the process and Arkansas laws. If you are seeking an appeal shoold you are bly advised to consolt an Arkansas criminal attorney.

Arkansas Code Annotated

Relevant Arkansas Criminal Laws

1. Arkansas Drug Possession
1. Arkansas Code Annotated tit. 5, ch. 64, § 5-64-401.
2. Battery in Arkansas
1. Arkansas Code Annotated tit. 5, ch. 13, §§ 5-13-201, 5-13-202, 5-13-203.
3. Arkansas Drunk Driving - DUI
1. Ark. Code Ann. tit. 5, ch. 65.
4. Right to Jury Trial in Arkansas
1. Ark. Code Ann. tit. 16, ch. 89, § 16-89-108; ch. 96, §§ 16-96-111, 16-96-112.
5. Trial Date in Arkansas
1. Ark. Code Ann. tit. 16, ch. 89, § 16-89-101
6. Sentence Review / Appeals in Arkansas
1. Ark. Code Ann. tit. 16, ch. 91, §§ 16-91-101, 16-91-113.