A Class D felony is Arkansas’s lowest lettered felony class. The ordinary maximum is six years in prison and a $10,000 fine, with no minimum prison term. A first offense can qualify for probation, a suspended sentence, or the First Offender Act, but none is guaranteed. The exact offense and your record determine which options are available.
The Class Is Only The Starting Point
Six years is the ordinary ceiling for one Class D count, not necessarily the total exposure in your case. Habitual-offender sentencing, additional enhancements, and consecutive sentences can increase the time. A plea that avoids prison can still carry felony consequences.
Where Class D Fits In Arkansas Sentencing
| Felony Class | Ordinary Prison Range |
|---|---|
| Class Y | Ten to 40 years, or life. |
| Class A | Six to 30 years. |
| Class B | Five to 20 years. |
| Class C | Three to ten years. |
| Class D | Up to six years, with no minimum prison term. |
Adult imprisonment ranges for one count under Ark. Code § 5-4-401, before habitual-offender sentencing or enhancements. These ranges do not independently determine probation eligibility.
The ordinary Class D fine ceiling is $10,000 under § 5-4-201. A separate provision permits a fine based on twice the financial gain from an offense. Restitution and court costs can also be imposed. A maximum fine is not a mandatory fine. See Arkansas criminal charges and penalty ranges.
Examples Of Class D Felony Charges
Class D describes the punishment level, not what the State must prove. These examples show why the specific statute and subsection matter:
| Charge | When The Class D Classification Applies |
|---|---|
| Breaking Or Entering Ark. Code § 5-39-202 |
Breaking or entering a listed building, vehicle, or container with the purpose of committing a theft or felony. Each separate building, vehicle, or container can constitute a separate offense. |
| Aggravated Assault Ark. Code § 5-13-204 |
The offense is Class D. One alternative requires purposely creating a substantial danger of death or serious physical injury under circumstances manifesting extreme indifference to human life. Other alternatives address firearm display and interference with breathing or blood circulation. |
| Theft Of Property Ark. Code § 5-36-103 |
The value-based Class D range is more than $1,000 but no more than $5,000. Special rules can change the classification regardless of value; theft of a credit or debit card or its account number is a Class D example. |
| Third-Degree Domestic Battery Ark. Code § 5-26-305 |
Ordinarily a Class A misdemeanor. It becomes Class D when the victim is a woman the accused knew or reasonably should have known was pregnant, or when a qualifying offense of domestic battery or aggravated assault on a family or household member was committed within the preceding five years. |
| Drug Paraphernalia Ark. Code § 5-64-443 |
Using or possessing paraphernalia for planting, producing, processing, testing, or packaging a controlled substance is Class D, unless it involves methamphetamine, heroin, fentanyl, or cocaine, which makes that provision Class B. Under the separate use, storage, concealment, or weighing provision, Class D requires one of those four drugs and a prior violation of the controlled-substances chapter. |
Selected examples, not a complete list of offenses or elements. Property type, the charged conduct, and other grading provisions can change the applicable classification.
First-Offense Sentencing Options
Having no prior conviction does not entitle you to probation. Under § 5-4-301, the court considers the risk of another offense, the need for institutional treatment, the seriousness of the conduct, and restitution. The offense must also permit probation or suspension. A finding of two or more prior felonies under the habitual-offender procedure bars those options under § 5-4-301(a)(2).
A proposed sentence should identify every condition. Section 5-4-304 allows confinement as a condition of probation or suspended imposition of sentence: up to 120 days for a felony in the specified local facilities, with a separate ceiling of 365 days in a qualifying community correction center. Avoiding a prison sentence does not necessarily mean avoiding confinement. Read more about felony probation eligibility in Arkansas.
Probation
You remain in the community under court-ordered conditions and supervision. The order can require reporting, treatment, payments, or other conditions. A violation can lead to revocation and imprisonment.
Suspended Imposition Of Sentence
Called SIS, this postpones pronouncement of a sentence and does not involve probation supervision. You must still follow the court’s conditions. Violations can lead to a sentence, and successful completion does not by itself provide Act 346 dismissal.
First Offender Act: Act 346
For an eligible plea, the court defers proceedings without entering a finding or judgment of guilt and places you on probation. Successful completion leads to dismissal and, for eligible offenses, sealing through a court order.
Ark. Code §§ 5-4-101, 5-4-303, 16-93-308, and 16-93-303. These are different dispositions; the written plea and court order should identify the one being used.
What Act 346 Requires
The First Offender Act requires a guilty or no-contest plea before adjudication, your consent, and no previous felony conviction. The court must approve the disposition, and the probation period is at least one year. Section 16-93-302 prohibits using Act 346 on more than one occasion; having an earlier record sealed does not make prior use disappear.
Not every offense qualifies for its sealing benefit. Section 16-93-303 excludes specified sex offenses and serious or violent felonies identified in § 5-4-501. A Class D label alone does not establish eligibility. Violating probation can lead to an adjudication of guilt. Confirm that the final dismissal and sealing orders are entered; completing supervision is not a substitute for the orders.
Act 346 is also not a complete erasure for every legal purpose. Its statute preserves specified uses of the record, including later sentencing and habitual-offender proceedings. Bring any earlier Act 346 orders to your lawyer before negotiating another plea.
Additional Time And Release Eligibility
Prior convictions can increase the Class D sentencing range under § 5-4-501. Multiple counts can also produce consecutive sentences. The charging documents, prior judgments, and proposed sentencing order should show which provisions apply; the six-year ordinary maximum does not answer those questions.
Employing a firearm in a felony can add up to 15 years under § 16-90-120, consecutive to the underlying sentence. For offenses committed at age 18 or older on or after January 1, 2024, that firearm-enhancement term is ineligible for early release, including parole, post-release supervision, and community correction transfer. The restriction applies to the enhancement separately from the underlying sentence.
The felony class alone also does not determine when you can be released. The specific offense, offense date, prior record, and applicable release statute matter. Before accepting a prison sentence, review Arkansas parole and post-release supervision eligibility; an eligibility date is not a guaranteed release date.
The Evidence Still Controls The Charge
Sentencing options are only part of the decision. In a theft case, ownership, value, and the alleged purpose to deprive can affect whether the State can prove the charge and its degree. In an aggravated-assault case, the required purpose, actual danger, and evidence supporting self-defense matter. For paraphernalia, the State must establish the prohibited purpose, not merely possession of an object that could have an innocent use.
Preserve receipts, complete message threads, original recordings, photographs, and witness contact information. They can resolve disputes about value, intent, identification, or what happened before the alleged offense. A first offense does not guarantee a reduction or dismissal.
Can An Ordinary Class D Conviction Be Sealed?
The ordinary conviction-sealing route under § 16-90-1406 is separate from Act 346. Its timing rules apply only when the offense and your record satisfy the eligibility requirements:
| Type Of Class D Conviction | Earliest Petition Under The Ordinary Route |
|---|---|
| Eligible Nonviolent Class D Felony Ark. Code § 16-90-1406(a) |
Immediately after completing the sentence, subject to § 16-90-1408 exclusions and the prior-conviction limit. |
| Eligible Violent Class D Felony Ark. Code § 16-90-1406(b) |
Five years after completing the sentence, subject to the same exclusions and prior-conviction limit. |
The five-year rule does not make every violent felony sealable. Section 16-90-1408 excludes, among other offenses, felony sex offenses and felonies involving violence as listed in § 5-4-501(d)(2). The precise offense must be checked against that list. Do not assume that a Class D conviction qualifies simply because five years have passed.
Section 16-90-1406 also permits no more than one previous felony conviction. For that count, prior felony offenses committed as part of the same criminal episode count as one conviction. A previously sealed felony still counts.
Completing the sentence means more than leaving custody. Section 16-90-1404 requires completion of applicable supervision and suspended terms, restitution, community service, and other required conditions. Fines, costs, and other covered monetary obligations must be paid unless excused by the sentencing court. Obtain the discharge records and payment history before calculating the filing date.
Eligibility permits a petition; it does not guarantee approval. Under § 16-90-1415(b), the court must find clear and convincing evidence that sealing would further the interests of justice. Relevant factors include the risk of reoffending, other criminal history, pending charges or investigations, and victim input. The process requires a petition and court order. See sealing a criminal conviction in Arkansas.
Ordinary sealing does not restore firearm rights lost because of a felony conviction. Section 5-73-103 can treat a felony finding as disqualifying even with probation or SIS, subject to its exceptions. A qualifying Act 346 dismissal has a separate statutory treatment; do not assume a sealing order alone authorizes firearm possession. Sealed records also remain available for specified legal purposes. (Ark. Code §§ 5-73-103 and 16-90-1417.)
Before You Accept A Class D Plea
- Identify the exact offense and subsection. They determine the required proof, sentencing restrictions, and sealing exclusions.
- Review every count and enhancement. Ask whether proposed terms run together or consecutively and which release rules apply.
- Compare the written dispositions. Ordinary probation, SIS, and Act 346 have different requirements and record consequences.
- Bring prior judgments and sealing orders. Prior convictions and earlier Act 346 use can change your options even when a record is sealed.
- Check conditions against your circumstances. Reporting, treatment, payments, and confinement affect work and family responsibilities. Raise problems before accepting the terms.
Related Reading
Facing A Class D Felony Charge?
Wesley Rhodes can review the evidence, your prior record, and the consequences of a proposed plea. Schedule a free consultation to discuss your Arkansas case.
Updated October 25, 2026
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.