Arkansas Criminal Defense Blog ©

In Arkansas, there are various classifications of felonies. Here is the prison sentence range for each (found at Arkansas Code 5-4-401):

(1) For a Class Y felony, the sentence shall be not less than ten (10)
years and not more than forty (40) years, or life;

(2) For a Class A felony, the sentence shall be not less than six (6)
years nor more than thirty (30) years;

(3) For a Class B felony, the sentence shall be not less than five (5)
years nor more than twenty (20) years;

(4) For a Class C felony, the sentence shall be not less than three (3)
years nor more than ten (10) years;

(5) For a Class D felony, the sentence shall not exceed six (6) years;
and

(6) For an unclassified felony, the sentence shall be in accordance
with a limitation of the statute defining the felony.

The Hope Part:

Most felonies in Arkansas allow for a possible probation sentence. It is important to talk to an experienced Arkansas criminal defense attorney when facing felony criminal charges.

Tags: Arkansas Felonies

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Many people are not aware of the punishment for possession of Marijuana in Arkansas.

You can think of the punishment in two general classes:

1. Simple Possession- Simple possession could plainly be described as possessing marijuana without the intent to deliver.

• First time simple possession is an A misdemeanor and is punishable by up to a $1,000 fine and/or up to 1 year in jail. It also carries with it a mandatory drivers license suspension.

• Second time simple possession is a FELONY. That is correct. A FELONY. Even if all you have is a small marijuana cigarette, if you have a previous possession conviction, you are facing felony charges.

2. Possession with “Intent”- If the State prosecutor can show you had the intent to deliver, sell, grow, etc. marijuana, you are facing a felony charge whether you have prior convictions or not. Prosecutors will generally try to prove your intent through your possession of things such as digital scales, scented baggies, or packing huge bricks of the stuff in the trunk of your car with smoked turkeys around them to hide the odor. In addition, large amounts of indescribable cash is also an indicator of your intent.

Please also be aware that possession of over 1 ounce (1 oz.) of marijuana in Arkansas creates a presumption under law that you did intend to deliver it. This presumption can be rebutted.

It is important to retain counsel right away. The Eisele Law Firm handles all matter of marijuana charges, big and small.

Tags: Drug Charges

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The Arkansas Young Lawyers Section, in a general overview of blogging, and more specifically of Arkansas Blogs, had the following to say about our blog:

“….is written in a very accessible style. In recent posts, for example, Mr.
Eisele has described the bail bond system in Arkansas, and given an overview
of asset forfeiture.”

http://www.arkbar.com/whats_new/Winter_YLSInBrief_2008.pdf

Here Here to the blog!

Tags: Misc

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