Arkansas Criminal Defense Laws

Rape and certain sex offenses against children have no statute of limitations.

When DNA evidence identifies the offender after the normal limitation period has expired, prosecution may be commenced within the applicable period after identification.

Class Y: 10–40 years or life. Class A: 6–30 years, up to $15,000 fine. Class B: 5–20 years, up to $15,000 fine. Class C: 3–10 years, up to $10,000 fine. Class D: 0–6 years, up to $10,000 fine.

Class A: up to 1 year jail, up to $2,500 fine. Class B: up to 90 days jail, up to $1,000 fine. Class C: up to 30 days jail, up to $500 fine.

DWI = BAC 0.08%+. First offense (misdemeanor): 24 hours–1 year jail, $150–$1,000 fine, 6-month suspension. Second (misdemeanor): 7 days–1 year, $400–$3,000 fine, 24-month suspension. Third (misdemeanor): 90 days–1 year. Fourth+ within 10 years (Class D felony): 1–6 years prison, $900–$5,000 fine. Prior offenses count within a 10-year lookback period.

Most misdemeanors: sealable 60 days after sentence completion. Seven specified misdemeanors (including DWI 1st–3rd, domestic battery 3rd, battery 3rd): 5-year wait. Non-violent Class C/D felonies: sealable upon sentence completion (violent C/D felonies: 5-year wait). Class Y, A, and B felonies: not eligible. Only one prior felony conviction permitted. DWI misdemeanors require 10-year wait.

Defendants with prior felony convictions face enhanced sentences. A defendant convicted of a felony who has four or more prior felony convictions may be sentenced to an extended term.