| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
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on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
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you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
Sentencing
| PRACTICE AREAS |
After being convicted of a crime in Arkansas, the judge or jury has several different
methods under which to sentence the defendant. Depending on the classification of the
felony or misdemeanor, the nature of the crime, and the severity of the crime, the judge or
jury may set the sentence to a term of imprisonment, fine, restitution, probation, suspended
sentence, court costs, or a combination of all of these.
The most common sentence is a fine - nearly every criminal or traffic violation incurs a fine
for the violator. In Arkansas, the possible fines are set based on the classification of felony
or misdemeanor in most situations.
Classification Possible Fine
Y Felony No fine listed in statute
A Felony Up to $15,000.00
B Felony Up to $15,000.00
C Felony Up to $10,000.00
D Felony Up to $10,000.00
A Misdemeanor Up to $2,500.00
B Misdemeanor Up to $1,000.00
C Misdemeanor Up to $500.00
In some cases, the statute that explains the crime specifically lays out a different fine
structure.
The next most common sentence is a term of imprisonment in either the county jail or the
Arkansas Department of Corrections (DOC). As with fines, the statutory sentence range
are based on the classification of felony or misdemeanor.
Classification Possible Term of Imprisonment
Y Felony 10-40 years or life in prison (DOC)
A Felony 6-30 years (DOC)
B Felony 5-20 years (DOC)
C Felony 3-10 years (DOC)
D Felony 0-6 years (DOC)
A Misdemeanor Up to one year (County Jail)
B Misdemeanor Up to 90 days (County Jail)
C Misdemeanor Up to 30 days (County Jail)
Another similarity to fines is that each statute may list a different sentence depending on the
circumstances. In addition, the sentence ranges change for persons who are considered to
be habitual offenders. It changes again for those considered super-habitual offenders. The
extensions are based on the date the crimes were committed. The statute is lengthy and
riddled with exceptions, making it difficult to concisely explain here. The reader can view
the statute itself by clicking here and finding the statute number A.C.A. 5-4-501.
The Arkansas Sentencing Commission was set up to provide presumptive sentences for
each crime in Arkansas. Let's face it, a meth dealer and a rapist (both Class Y Felonies)
probably don't deserve the same amount of time in prison, and there is a big difference
between ten years and forty years, especially when you consider parole eligibility.
Presumptive sentences are based on the crime committed and the criminal history score of
the defendant. The sentencing grids are complicated and only a criminal defense attorney in
Arkansas should explain how the sentencing grids apply to any given case.
Court costs are usually required too. They can run anywhere from $75.00 to a few
hundred, depending on the circumstances.
Restitution may be required when the victim has suffered financial loss as a result of a
crime. For example, if a defendant robs a bank of $10,000.00 and the bank is able to
recover $2,000.00, the court can order the defendant to pay back $8,000.00 as restitution.
It is also possible that the defendant could have to pay more, depending on the actual
financial loss to the bank (i.e. property damage, interest, etc.).
Probation is also a common sentence in relatively minor criminal cases. Probation is an
alternative sentence which allows the court to give you another chance. You will be
assigned to a probation officer that you will report to on a periodic basis. Probationers are
often required to submit to random drug tests and agree in advance to a search of their
homes and person by their probation officer. There are many other conditions that could be
placed on a probationer, but if successful, the defendant may not have to complete any jail
time.
Many times, a Court will add a Suspended Imposition of Sentence (SIS) on to the total
sentence. For example, a defendant may be ordered to serve five years in prison with an
additional five years SIS. This means that once the defendant has served those first five
years, the last five years are suspended and will not be served under certain conditions. A
defendant will have to sign an SIS contract which details the conditions which the
defendant must meet in order to remain on a suspended sentence. Many times, these
conditions are very similar to probation requirements. If a defendant violates the terms of
his or her suspended sentence, they can be sent back to jail to serve the remainder of the
sentence.
There are many other possibilities when it comes to sentencing. Only a licensed attorney
can fully evaluate all of the options and help a criminal defendant navigate those options.
The matter is further complicated by parole eligibility rules. If you are in a situation where
any of these issues may apply to you, contact an attorney immediately.
methods under which to sentence the defendant. Depending on the classification of the
felony or misdemeanor, the nature of the crime, and the severity of the crime, the judge or
jury may set the sentence to a term of imprisonment, fine, restitution, probation, suspended
sentence, court costs, or a combination of all of these.
The most common sentence is a fine - nearly every criminal or traffic violation incurs a fine
for the violator. In Arkansas, the possible fines are set based on the classification of felony
or misdemeanor in most situations.
Classification Possible Fine
Y Felony No fine listed in statute
A Felony Up to $15,000.00
B Felony Up to $15,000.00
C Felony Up to $10,000.00
D Felony Up to $10,000.00
A Misdemeanor Up to $2,500.00
B Misdemeanor Up to $1,000.00
C Misdemeanor Up to $500.00
In some cases, the statute that explains the crime specifically lays out a different fine
structure.
The next most common sentence is a term of imprisonment in either the county jail or the
Arkansas Department of Corrections (DOC). As with fines, the statutory sentence range
are based on the classification of felony or misdemeanor.
Classification Possible Term of Imprisonment
Y Felony 10-40 years or life in prison (DOC)
A Felony 6-30 years (DOC)
B Felony 5-20 years (DOC)
C Felony 3-10 years (DOC)
D Felony 0-6 years (DOC)
A Misdemeanor Up to one year (County Jail)
B Misdemeanor Up to 90 days (County Jail)
C Misdemeanor Up to 30 days (County Jail)
Another similarity to fines is that each statute may list a different sentence depending on the
circumstances. In addition, the sentence ranges change for persons who are considered to
be habitual offenders. It changes again for those considered super-habitual offenders. The
extensions are based on the date the crimes were committed. The statute is lengthy and
riddled with exceptions, making it difficult to concisely explain here. The reader can view
the statute itself by clicking here and finding the statute number A.C.A. 5-4-501.
The Arkansas Sentencing Commission was set up to provide presumptive sentences for
each crime in Arkansas. Let's face it, a meth dealer and a rapist (both Class Y Felonies)
probably don't deserve the same amount of time in prison, and there is a big difference
between ten years and forty years, especially when you consider parole eligibility.
Presumptive sentences are based on the crime committed and the criminal history score of
the defendant. The sentencing grids are complicated and only a criminal defense attorney in
Arkansas should explain how the sentencing grids apply to any given case.
Court costs are usually required too. They can run anywhere from $75.00 to a few
hundred, depending on the circumstances.
Restitution may be required when the victim has suffered financial loss as a result of a
crime. For example, if a defendant robs a bank of $10,000.00 and the bank is able to
recover $2,000.00, the court can order the defendant to pay back $8,000.00 as restitution.
It is also possible that the defendant could have to pay more, depending on the actual
financial loss to the bank (i.e. property damage, interest, etc.).
Probation is also a common sentence in relatively minor criminal cases. Probation is an
alternative sentence which allows the court to give you another chance. You will be
assigned to a probation officer that you will report to on a periodic basis. Probationers are
often required to submit to random drug tests and agree in advance to a search of their
homes and person by their probation officer. There are many other conditions that could be
placed on a probationer, but if successful, the defendant may not have to complete any jail
time.
Many times, a Court will add a Suspended Imposition of Sentence (SIS) on to the total
sentence. For example, a defendant may be ordered to serve five years in prison with an
additional five years SIS. This means that once the defendant has served those first five
years, the last five years are suspended and will not be served under certain conditions. A
defendant will have to sign an SIS contract which details the conditions which the
defendant must meet in order to remain on a suspended sentence. Many times, these
conditions are very similar to probation requirements. If a defendant violates the terms of
his or her suspended sentence, they can be sent back to jail to serve the remainder of the
sentence.
There are many other possibilities when it comes to sentencing. Only a licensed attorney
can fully evaluate all of the options and help a criminal defendant navigate those options.
The matter is further complicated by parole eligibility rules. If you are in a situation where
any of these issues may apply to you, contact an attorney immediately.
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |