Understanding the Penalties Attached to a Conviction

At Wesley Rhodes, Attorney at Law, our lawyer defends residents of Little Rock and the surrounding area who have been charged with misdemeanor and felony offenses.

The Arkansas criminal process, criminal laws, and penalties can be difficult to understand without a legal background. This page provides an overview of the penalty ranges you may face if you are convicted — including the dramatic changes that have come from the Protect Arkansas Act (Act 659 of 2023), which significantly altered how much of a sentence must actually be served.

Misdemeanor Classes and Penalties

Misdemeanor criminal offenses for crimes against a person or property are divided into three classes plus unclassified offenses. Maximum penalties are set by Arkansas Code § 5-4-401 and § 5-4-201.

Classification	Maximum Jail	Maximum Fine
Class A Misdemeanor	1 year	$2,500
Class B Misdemeanor	90 days	$1,000
Class C Misdemeanor	30 days	$500
Unclassified Misdemeanor	Varies by statute defining the specific offense

Felony Classes and Penalties

Arkansas has five felony classes plus unclassified felonies. Maximum penalties are set by § 5-4-401 and § 5-4-201.

Classification	Sentencing Range	Maximum Fine
Class Y Felony	10 – 40 years or life	$15,000
Class A Felony	6 – 30 years	$15,000
Class B Felony	5 – 20 years	$15,000
Class C Felony	3 – 10 years	$10,000
Class D Felony	Up to 6 years	$10,000
Unclassified Felony	Varies by statute defining the specific offense

How Much Time Will Be Actually Served? (Act 659 / Protect Arkansas Act)

The Protect Arkansas Act (Act 659 of 2023) created a tiered system that determines how much of a sentence must actually be served before any release eligibility. This dramatically changed the practical meaning of the sentencing ranges above.

Tier	Examples
100% Served — No Parole Eligibility	Capital murder, first-degree murder, kidnapping, aggravated robbery, rape, certain sex offenses
85% Before Release Eligibility	Second-degree murder, manslaughter, certain trafficking offenses, first-degree battery, terroristic act, sexual assault first degree, certain serious felonies
50% Before Release Eligibility	Mid-tier felonies as defined by the Arkansas Sentencing Commission grid
25% Before Release Eligibility	Lower-tier felonies as defined by the grid

Under prior law, many inmates were eligible for parole after serving as little as 16% to 33% of their sentences. Under Act 659, the minimums are significantly higher and “earned release credits” generally cannot reduce the time below the applicable tier. This means a 20-year sentence on an 85% offense translates to at least 17 years actually served — a far different reality than the same sentence pre-2024.

Sentence Enhancements

The base classification ranges above can be increased by several enhancements:

• Habitual offender enhancement — additional prison time when a defendant has prior felony convictions; severity escalates based on the number and type of priors (§ 5-4-501)
• Firearm enhancement — additional prison time when an offense was committed with a firearm
• Crime against a child or elderly person — many offenses are elevated when the victim is particularly young or 60 or older
• Gang enhancement — additional time for offenses committed in connection with criminal gang activity
• Offense in the presence of a child — § 5-4-702 allows an additional 1–10 year sentence enhancement for certain felony offenses committed in the presence of a child

Traffic Violations

The penalty for a criminal traffic violation, such as driving on a suspended or revoked license, is generally a $500 fine and a two-day minimum jail sentence, with a maximum of six months. The period of license suspension or revocation may also be extended.

DWI / DUI Penalties

Penalties for driving while intoxicated (DWI) and driving under the influence (DUI) convictions vary based on the type of offense and the number of DWI/DUI convictions an individual has within a 10-year lookback period.

Offense (within 10 years)	Jail Range	Fine
First DWI	24 hours – 1 year	$150 – $1,000
Second DWI	7 days – 1 year	$400 – $3,000
Third DWI	90 days – 1 year	$900 – $5,000
Fourth+ DWI (Felony)	1 – 6 years prison	$900 – $5,000
Sixth+ DWI	Up to 20 years prison	Up to $15,000

Higher minimum jail times apply if a passenger under 16 was in the vehicle. Underage DUI (drivers under 21 with BAC of 0.02 to less than 0.08) is governed by § 5-65-303 and carries fines and license suspension but generally not jail for first offenses.

Drug Crimes

Penalties for drug offenses depend heavily on the substance, the amount, and the alleged conduct (possession vs. delivery vs. trafficking). Key categories include:

• Misdemeanor possession (small amounts of certain controlled substances) — Class A misdemeanor with up to 1 year jail and $2,500 fine
• Felony possession — Class D through Class B felonies depending on substance and amount; sentencing ranges from up to 6 years to 5–20 years prison
• Possession with intent / delivery — typically Class C through Class A felonies depending on substance and weight
• Drug trafficking — Class Y felony, 10 to 40 years or life in prison, with fine up to $15,000
• Fentanyl trafficking — unclassified felony, 25 to 60 years or life, with fine up to $1,000,000
• Simultaneous possession of drugs and firearms — Class Y felony under § 5-74-106, 10 to 40 years or life

Many drug trafficking offenses are now “restricted release felonies” under Act 659, requiring at least 85% of the sentence to be served before release eligibility.

Or call 501-301-4591 to discuss your case.

This page 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. Laws and penalties change; the information above reflects Arkansas law as of the date of publication. If you need legal advice about your specific situation, consult a qualified criminal defense attorney promptly.