Arkansas Felony Classes and Misdemeanor Penalties (2026)

Arkansas sorts every offense into one of three classes: felony, misdemeanor or violation (Ark. Code 5-1-105). Felonies are Class Y, A, B, C or D, or unclassified (5-1-106), and misdemeanors are Class A, B or C, or unclassified (5-1-107); a classed felony draws a determinate sentence from up to 6 years (Class D) to 10 to 40 years or life (Class Y), while a classed misdemeanor carries at most 1 year in jail (Ark. Code 5-4-401). Unclassified offenses follow the limits in their own statutes, and repeat-offender rules and a few offense-specific provisions can raise felony terms.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Arkansas Criminal Code's classification sections (Ark. Code 5-1-105 to 5-1-108), the class sentencing and fine sections (5-4-401, 5-4-201), the authorized-sentence, probation and habitual-offender sections (5-4-104, 5-4-301, 5-4-306, 5-4-403, 5-4-501 to 5-4-504), the probation-revocation sections (16-93-308, 16-93-309), the sentencing standards (16-90-801) and the release rules added by Act 659 of 2023. It does not cover how individual offenses are graded (see the Arkansas theft laws and Arkansas assault and battery laws pages), time limits for prosecution, record sealing, parole for felonies committed before 2025, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Arkansas

Under the Arkansas Criminal Code, the label comes from the statute that defines the offense. Ark. Code 5-1-105 starts the scheme:

"(a) An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute. (b) An offense is classified as follows: (1) Felony; (2) Misdemeanor; or (3) Violation."

Under 5-1-107(a), an offense is a misdemeanor if it is "(1) Designated a misdemeanor by the Arkansas Criminal Code; (2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in 5-1-108; or (3) Not designated a felony and a sentence to imprisonment is authorized upon conviction."

The practical difference shows in the sentence ranges. Every felony class allows years in prison, while the longest misdemeanor term, for a Class A misdemeanor, is one year (Ark. Code 5-4-401).

Offenses created outside the Criminal Code get a default class. Under 5-1-106(c), a felony defined by another statute "that does not specify the class of the felony or prescribe a limitation on a sentence to imprisonment upon conviction of the felony is a Class D felony," and one that does prescribe its own limit "is an unclassified felony." Section 5-1-107(c) does the same for misdemeanors: no class and no limit makes it a Class A misdemeanor, and its own limit makes it an unclassified misdemeanor.

Arkansas felony and misdemeanor classes

Ark. Code 5-4-401(a) provides that "A defendant convicted of a felony shall receive a determinate sentence according to the following limitations," and 5-4-401(b) sets the misdemeanor limits. Fines come from 5-4-201.

These are the ranges for the class itself; Ark. Code 5-4-501 sets higher, mandatory ranges for some repeat convictions, and 5-4-104(c)(2) requires life without parole for six listed Class Y felonies committed by an adult against a victim under 14, both described below.

The fine section, 5-4-201(a), sets the felony fines in pairs: "Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony" and "Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony." Its list does not name Class Y. The violation fine of up to $100 in 5-4-201(c)(1) applies "if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine."

The fine column shows the class limits in 5-4-201(a) to (c). "Notwithstanding a limit imposed by this section," a defendant who "has derived pecuniary gain from commission of an offense" may be fined up to twice the amount of the gain (5-4-201(d)); an organization may be fined up to twice the maximum fine otherwise authorized (5-4-201(e)); and a defendant who derived pecuniary gain from certain felonies under the obscenity and related subchapters of Chapter 68 may be fined up to $250,000 (5-4-201(f)).

Above the class ranges

Three offenses carry death or life without parole, above the class table. Ark. Code 5-4-104(b), as amended by Act 662 of 2025, provides that a defendant convicted of capital murder (5-10-101), capital rape (5-14-114) or treason (5-51-201) "shall be sentenced to death or life imprisonment without parole." A defendant younger than 18 at the time of the offense is instead sentenced to life imprisonment with the possibility of parole after a minimum of 30 years for capital murder, or 20 years for capital rape or treason. Act 662 (Senate Bill 375, approved April 16, 2025) created capital rape as a new offense; for an adult defendant, the act provides that "Capital rape is punishable as follows: ... (i) Death; or (ii) Life imprisonment without parole." In Kennedy v. Louisiana, 554 U.S. 407 (2008), the U.S. Supreme Court held that "a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments." Separately, under 5-4-104(c)(2), added by Act 1102 of 2021, a defendant "eighteen (18) years of age or older at the time of the offense" convicted of rape involving forcible compulsion, trafficking of persons, engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, producing, directing or promoting a sexual performance by a child, or computer exploitation of a child in the first degree, where the victim "was less than fourteen (14) years of age at the time of the offense," "shall be sentenced to life without the possibility of parole." For those offenses the 10-to-40-years-or-life Class Y range does not apply.

The Arkansas life sentence page explains what a life term means there.

How the actual sentence is set

The class range is the outer limit. Arkansas felony sentences are determinate, and the Arkansas Sentencing Commission's sentencing standards set a presumptive range within it. Those standards are voluntary: Ark. Code 16-90-801(b)(1) says, "Though voluntary, the purpose of establishing rational and consistent sentencing standards is to seek to ensure that sanctions imposed following conviction are proportional to the seriousness of the offense of conviction and the extent of the offender's criminal history." A court may depart from the voluntary presumptive range under 16-90-804.

When a defendant is sentenced on more than one offense, 5-4-403(a), as amended by Act 659 of 2023, makes concurrent service the default "Except as provided in subsections (c) and (e)": the sentences "shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively." Under 5-4-403(e), sentences must run consecutively for a sentence enhancement whose statute requires it, for a felony committed while serving a term of imprisonment at a facility operated or contracted by the Division of Correction or the Division of Community Correction, and for a felony committed while on post-release supervision. A misdemeanor jail term and a felony prison term run concurrently, and consecutive misdemeanor terms may not exceed one year in total (5-4-403(c)).

Time served for felonies committed on or after January 1, 2025

Act 659 of 2023, the Protect Arkansas Act (Senate Bill 495, approved April 11, 2023), added new release rules in Ark. Code 16-93-1801 et seq. They apply only to "a felony offense committed on or after January 1, 2025"; earlier felonies keep the parole rules in effect when they were committed.

• A "felony ineligible to receive earned release credits" means a felony "for which a person is not eligible for release until one hundred percent (100%) of the sentenced imposed by the sentencing court has been served" (16-93-1802(1)(A)). The list "includes only" the felonies it names, among them capital murder, first-degree murder, kidnapping if a Class Y felony, aggravated robbery, rape and trafficking of persons, and attempts, solicitations and conspiracies to commit them.
• A person who commits a "restricted release felony" on or after January 1, 2025 "is not eligible for release prior to serving at least eighty-five percent (85%) of the term of incarceration imposed by the sentencing court." Act 356 of 2025 added first-degree knowingly exposing another person to fentanyl (5-13-214(b)) to that list. A person who commits a restricted release felony and "has previously been convicted of a restricted release felony or a felony ineligible to receive earned release credits" must serve 100% (16-93-1803(c)).
• Every other felony inmate is eligible for transfer to post-release supervision "when the sum of his or her actual time served in confinement and his or her earned release credits equals or exceeds one hundred percent (100%) of the term of imprisonment." Earned release credits may reach 50% or 75% of the term, depending on the offense's seriousness ranking set by the Sentencing Commission.

Act 659 also requires post-release supervision for a defendant sentenced to one of the 100% or 85% felonies who does not receive the statutory maximum, with maximum supervision terms of seven years for a Class Y felony, five years for a Class A or Class B felony or an unclassified felony with a maximum term over ten years, and three years for all other felonies (5-4-104(c)(1)(C)).

Habitual offenders in Arkansas

Ark. Code 5-4-501 sets four tiers of extended terms, and all four are mandatory. Act 821 of 2021 rewrote tiers (a) and (b) so that a defendant meeting their criteria "shall be sentenced to an extended term of imprisonment"; only the fine remains discretionary ("may be sentenced to pay any fine authorized by law"). Tiers (c) and (d) already used "shall be sentenced."

Two or three prior felonies (5-4-501(a)). A defendant convicted of a felony other than those listed in subsections (c) and (d), committed after June 30, 1993, who has "previously been convicted of more than one (1) felony but fewer than four (4) felonies" "shall be sentenced to an extended term." The tier also covers a defendant convicted of a felony listed in subsection (c) or (d) whose prior felonies are not on that list. The extended terms are Class Y 10 to 60 years or life, Class A 6 to 50 years, Class B 5 to 30, Class C 3 to 20, Class D up to 12 years, an unclassified felony punishable by less than life up to five years more than its maximum, and an unclassified felony punishable by life 10 to 50 years or life.

Four or more prior felonies (5-4-501(b)). A defendant with four or more prior felonies "shall be sentenced to an extended term," and as in tier (a) this includes a defendant convicted of a (c)- or (d)-listed felony whose priors are not on that list. The extended terms are Class Y 10 years to life, Class A 6 to 60 years, Class B 5 to 40, Class C 3 to 30, Class D up to 15, an unclassified felony punishable by less than life up to two times its maximum, and an unclassified felony punishable by life 10 to 50 years or life.

One prior serious felony involving violence (5-4-501(c)). A defendant convicted of a serious felony involving violence listed in 5-4-501(c)(2) who has one or more prior convictions for a listed offense "shall be sentenced" to "a term of not less than forty (40) years nor more than eighty (80) years, or life" and "Without eligibility for parole or community correction transfer except under 16-93-615." Under 5-4-501(c)(3), a defendant convicted of rape or first-degree sexual assault "involving a victim less than fourteen (14) years of age" after a prior listed violent felony "shall be sentenced to life in prison without the possibility of parole."

Two prior felonies involving violence (5-4-501(d)). A defendant convicted of a felony involving violence listed in 5-4-501(d)(2) with two or more prior listed convictions "shall be sentenced to an extended term of imprisonment without eligibility for parole or community correction transfer except under 16-93-615": not less than life for a Class Y felony, 40 years to life for Class A, 30 to 60 years for Class B or an unclassified felony punishable by life, 25 to 40 years for Class C, 20 to 40 years for Class D, and up to three times the maximum for an unclassified felony punishable by less than life.

The violent-offense lists have changed twice recently. Act 659 of 2023 added capital murder and unlawful discharge of a firearm from a vehicle to the (c)(2) list and capital murder to the (d)(2) list, and its Section 18 provides that "Residential burglary is removed from the definition of 'felony involving violence' under 5-4-501(d)(2) effective January 1, 2024," so it "is not considered a prior felony involving violence under 5-4-501 for offenses committed on or after January 1, 2024," while "Aggravated residential burglary remains a felony involving violence." Act 662 of 2025, Sections 12 and 13, added capital rape to the lists in 5-4-501(c)(2)(A) and (d)(2)(A).

The habitual finding is made in a split trial. Under 5-4-502, if the jury finds the defendant guilty, the court, "out of the hearing of the jury," hears evidence of prior felonies and determines how many there are, and the jury then "shall retire again and then determine a sentence within the statutory range." A conviction from another jurisdiction counts as a prior felony "if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction" (5-4-503).

Wobblers and reductions

The Arkansas classification sections (5-1-105 to 5-1-108) and the authorized-sentence and probation sections (5-4-103, 5-4-104, 5-4-301, 5-4-306, 5-4-307) contain no provision that lets a court or prosecutor reduce a felony conviction to a misdemeanor. The class follows from the statute that defines the offense. Some offense statutes grade the same conduct at different levels depending on facts such as value or prior convictions; the Arkansas theft laws page shows how theft is graded into these classes.

Violations: the lowest tier

Arkansas's third class of offense is the violation. Ark. Code 5-1-108 provides that an offense is a violation if the Criminal Code or another statute designates it one, and adds: "(b) Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code if the statute defining the offense provides that no sentence other than a fine, fine or forfeiture, or civil penalty is authorized upon conviction."

The fine for a violation is up to $100 where the Criminal Code or a statute enacted after January 1, 1976 defines it and sets no different limit (5-4-201(c)(1)).

Probation in Arkansas

Length. Act 670 of 2025 (Senate Bill 485, approved April 16, 2025) rewrote Ark. Code 5-4-306: "If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged taking into account the recommended periods of suspension or probation as adopted by the Arkansas Sentencing Commission." The same act amended 16-90-802(d)(1), which governs the Sentencing Commission's standards. Act 670 also requires that probation conditions "be narrowly tailored" to the defendant's rehabilitation, public safety and "the criminogenic risks and needs of the defendant" (5-4-303(a)(2)).

Offenses that cannot be probated. Ark. Code 5-4-301(a)(1), as amended by Act 662 of 2025, provides: "A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses: (A) Capital murder, 5-10-101; (B) Treason, 5-51-201; (C) Capital rape, 5-14-114; (D) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in 5-4-104(c); (E) Driving or boating while intoxicated, 5-65-103; (F) Murder in the second degree, 5-10-103, except to the extent suspension of an additional term of imprisonment is permitted in 5-4-104(c); (G) Engaging in a continuing criminal enterprise, 5-64-405; (H) Furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article, 5-54-119; or (I) A felony ineligible to receive earned release credits as defined in 16-93-1802."

Repeat felons. Under 5-4-301(a)(2), "If it is determined pursuant to 5-4-502 that a defendant has previously been convicted of two (2) or more felonies, the court shall not: (A) Suspend imposition of sentence; or (B) Place the defendant on probation."

Prison plus a suspended term. Act 659 of 2023 added 5-4-301(e): "Notwithstanding any provision prohibiting a sentence of probation or suspended imposition of sentence for certain felonies, a court may sentence a defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment." The court may not, however, combine a prison term with probation "except as authorized in this section."

Probation violations

Ark. Code 16-93-308(d) sets the standard for revocation: "If a court finds by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his or her suspension of sentence or probation, the court may revoke the suspension of sentence or probation at any time prior to the expiration of the period of suspension of sentence or probation."

On revocation, the court "may impose any sentence on the defendant that might have been imposed originally for the offense," but the fine or imprisonment, combined with any earlier fine or imprisonment for the same offense, may not exceed the limits of 5-4-201, 5-4-401 or, if applicable, 5-4-501 (16-93-308(g)). For a technical conditions violation or a serious conditions violation, the probationer is instead subject to the confinement periods in 16-93-306(d) and 16-93-309(a)(4) "without having his or her probation revoked" (16-93-308(i)(1)(A)). Revocation for such a violation becomes available after six confinements under 16-93-306(d), or two under 16-93-306(d) or 16-93-309(a)(4) in any combination (16-93-308(i)(1)(B)), or without prior confinement if the Division of Community Correction or the prosecuting attorney proves by a preponderance of the evidence that the person "is engaging in or has engaged in behavior that poses a threat to the community" (16-93-308(i)(2)).

Short of revocation, 16-93-309 limits confinement ordered for a conditions violation: "Up to ninety (90) days' confinement for a technical conditions violation; and ... Exactly one hundred eighty (180) days' confinement for a serious conditions violation." Act 723 of 2025 (Senate Bill 539), which took effect on the Governor's approval on April 17, 2025 under its emergency clause, amended 16-93-308(i)(1)(B) so that a probationer whose probation is revoked under it is sentenced to "a facility operated or contracted by a division of the Department of Corrections."

Recent changes

• Act 821 of 2021 (approved April 21, 2021). Made the extended terms in 5-4-501(a) and (b) mandatory: a qualifying defendant "shall be sentenced to an extended term of imprisonment."
• Act 1102 of 2021 (approved May 3, 2021). Added 5-4-104(c)(2): life without parole for an adult convicted of six listed Class Y felonies against a victim under 14.
• Act 659 of 2023 (Protect Arkansas Act). Sections 1 to 249 took effect January 1, 2024. It added the 100% and 85% release rules for felonies committed on or after January 1, 2025, the post-release supervision terms, the probation bar for felonies ineligible for earned release credits, the 5-4-301(e) split-sentence rule, the mandatory consecutive sentences in 5-4-403(e), the addition of capital murder and unlawful discharge of a firearm from a vehicle to the violent-offense lists, and the removal of residential burglary from the violent-predicate list for offenses on or after January 1, 2024.
• Act 662 of 2025 (approved April 16, 2025). Created capital rape (5-14-114) with death or life without parole for an adult, added it to the probation bar in 5-4-301(a)(1), to the violent-offense lists in 5-4-501(c) and (d), and to the list of felonies ineligible for earned release credits in 16-93-1802(1)(B). In Kennedy v. Louisiana, 554 U.S. 407 (2008), the U.S. Supreme Court held that "a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments."
• Act 584 of 2023 (approved April 11, 2023). Added aggravated death by delivery and predatory marketing of fentanyl to minors to the felonies ineligible for earned release credits, and first- and second-degree death by delivery to the restricted release felonies (16-93-1802).
• Act 670 of 2025 (approved April 16, 2025). Rewrote 5-4-306 so the probation period takes into account the Sentencing Commission's recommended periods, and narrowed probation conditions in 5-4-303.
• Act 723 of 2025 (effective April 17, 2025). Amended the probation-revocation provision in 16-93-308(i)(1)(B) to refer to sentencing to a facility operated or contracted by a division of the Department of Corrections.
• Act 356 of 2025 (approved March 20, 2025). Added first-degree knowingly exposing another person to fentanyl to the restricted release felony list in 16-93-1802(2)(B).

Related legal issues in Arkansas

The penalty for a specific offense starts with the class its statute assigns. The Arkansas theft laws page covers how theft is graded by value, and the Arkansas assault and battery laws page covers the assault and battery degrees. For sealing an old record, see Arkansas expungement laws, and for time limits on charges, see the Arkansas statute of limitations.

Federal firearm rule

Federal law makes it unlawful for a person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce (18 U.S.C. 922(g)(1)), but the federal definition excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less" (18 U.S.C. 921(a)(20)(B)). Every Arkansas felony class allows more than one year, and the Arkansas misdemeanor classes top out at one year. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Arkansas theft laws
• Arkansas assault and battery laws
• Arkansas expungement laws
• How long is a life sentence in Arkansas

This article provides general legal information about Arkansas's offense classes, sentencing ranges and probation statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Arkansas.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Arkansas?

The statute defining the offense sets the label. A misdemeanor is an offense designated a misdemeanor, or one not designated a felony for which imprisonment is authorized (Ark. Code 5-1-107(a)); misdemeanor jail terms top out at 1 year for Class A (5-4-401(b)), while the felony classes run from up to 6 years (Class D) to 10 to 40 years or life (Class Y) under 5-4-401(a), before repeat-offender increases under 5-4-501.

What are the felony classes in Arkansas?

Class Y (10 to 40 years or life), Class A (6 to 30 years), Class B (5 to 20), Class C (3 to 10) and Class D (up to 6 years), plus unclassified felonies sentenced under their own statute (Ark. Code 5-1-106, 5-4-401(a)). For qualifying repeat offenders the habitual-offender statute, 5-4-501, requires higher extended terms, and capital murder, capital rape and treason carry death or life without parole (5-4-104(b)), and six listed Class Y felonies against a victim under 14 carry life without parole (5-4-104(c)(2)). In Kennedy v. Louisiana (2008), the U.S. Supreme Court held that a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments.

What is a Class A misdemeanor in Arkansas?

It is the highest misdemeanor class, punishable by up to 1 year in jail and a fine up to $2,500 (Ark. Code 5-4-401(b)(1), 5-4-201(b)(1)), or up to twice any pecuniary gain from the offense (5-4-201(d)). A misdemeanor outside the Criminal Code that names no class and sets no jail limit is a Class A misdemeanor (5-1-107(c)(1)).

What is a Class Y felony in Arkansas?

Class Y is the highest felony class, carrying a determinate sentence of 10 to 40 years, or life (Ark. Code 5-4-401(a)(1)). Repeat-offender terms under 5-4-501 are higher, and for six listed Class Y felonies committed by an adult against a victim under 14 the sentence is life without parole (5-4-104(c)(2)). A court may not suspend the sentence or place the defendant on probation for a Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in 5-4-104(c) (5-4-301(a)(1)).

Is a violation a crime in Arkansas?

A violation is one of the three classes of offense in Ark. Code 5-1-105(b). An offense is a violation if its statute says so or if it authorizes no sentence other than a fine, fine or forfeiture, or civil penalty (5-1-108), and the fine is up to $100 unless the statute sets a different limit (5-4-201(c)) or the pecuniary-gain rule in 5-4-201(d) applies.

How long is probation in Arkansas?

A court sets a definite period not longer than the maximum jail or prison sentence allowable for the offense, taking into account the Arkansas Sentencing Commission's recommended periods (Ark. Code 5-4-306, as amended by Act 670 of 2025). Probation is unavailable for the offenses listed in 5-4-301(a)(1) and for a defendant found to have two or more prior felonies (5-4-301(a)(2)).

What happens if you violate probation in Arkansas?

If the court finds by a preponderance of the evidence that the person inexcusably failed to comply with a condition, it may revoke probation at any time before the period expires (Ark. Code 16-93-308(d)) and impose any sentence that might have been imposed originally, within the limits of 5-4-201, 5-4-401 or 5-4-501 (16-93-308(g)). For a technical or serious conditions violation, the person is instead subject to confinement periods without revocation (16-93-308(i)(1)(A)): up to 90 days for a technical conditions violation and exactly 180 days for a serious conditions violation (16-93-309). Revocation for such violations generally requires prior confinements or a showing under 16-93-308(i)(2).