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Your Little Rock Criminal Defense Attorney
Nothing about a criminal charge in Little Rock is small to the person facing it. Arkansas law gives you fixed reference points, from how a charge is graded to which court hears it to what can eventually come off a record. Keep reading for the grading system, straight answers on DUI, drug, assault, and theft charges, which court hears a case, and how a record can later be cleared. The details of your case decide which rule controls, and an attorney who practices in Arkansas courts can sort that out quickly.
Your Key Arkansas Rules in One Place
- Grading: Arkansas sorts crimes using felony classes Y, A, B, C, and D, plus unclassified; misdemeanor classes A, B, and C (Ark. Code 5-4-401), and the grade sets the range of possible penalties.
- Time limit to bring most charges: a Class Y or Class A felony must be prosecuted within 6 years; a Class B, C, D, or unclassified felony within 3 years (Ark. Code 5-1-109).
- Trial timing: trial must be held within 12 months of arrest, absent excluded delay (Ark. R. Crim. P. 28.1, 28.2, 28.3).
- Clearing a record: Arkansas provides for sealing under the Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code 16-90-1401 and following sections); eligibility depends on the offense and how the case ended.
Understanding the Grade of a Charge in Arkansas
Under Ark. Code 5-4-401, Arkansas groups offenses using felony classes Y, A, B, C, and D, plus unclassified; misdemeanor classes A, B, and C. The class or degree sets the outer range of the sentence, and the specific number within that range depends on the offense charged and the circumstances.
In practice, the grade of a charge affects more than the maximum sentence: it can decide whether the case is handled in a lower or higher court, whether a jury trial is available, and what a conviction later shows on a background check.
The charging document is what actually fixes the range a court can impose, so having an attorney review it early is the fastest way to know what a specific charge means.
Rights Every Defendant Has, Regardless of the Charge
A few rights do not depend on which state the charge is in. Under Miranda v. Arizona, 384 U.S. 436 (1966), police must warn a suspect in custody of the right to remain silent and the right to counsel, and under Gideon v. Wainwright, 372 U.S. 335 (1963), the state must provide a lawyer to someone who cannot afford one.
A defendant also has a Sixth Amendment right to a jury trial for serious charges and is presumed innocent unless the prosecution proves guilt beyond a reasonable doubt, the standard confirmed in In re Winship, 397 U.S. 358 (1970).
Beyond trial, a conviction can usually be appealed to a higher court, and the right against self-incrimination applies at every stage of the case, not just during the initial arrest.
How Long Does Arkansas Have, and How Long Can It Take?
On bringing charges, the rule is a Class Y or Class A felony must be prosecuted within 6 years; a Class B, C, D, or unclassified felony within 3 years (Ark. Code 5-1-109).
Arkansas’s speedy trial rule provides that trial must be held within 12 months of arrest, absent excluded delay (Ark. R. Crim. P. 28.1, 28.2, 28.3).
These dates are worth pinning down early, since they can decide whether a case may proceed, and an attorney can confirm exactly how they apply to a specific charge.
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Felony and Misdemeanor Court in Arkansas
Arkansas splits jurisdiction by the seriousness of the charge: the circuit court hears felonies, and the district court (Class B and C misdemeanors) or circuit court (Class A misdemeanors, where no district court sits) generally hears misdemeanors. For Little Rock, that means Pulaski County.
A case generally starts with an initial appearance shortly after arrest, where bail or pretrial release is addressed, followed by a preliminary hearing or grand jury step, and then, if the case continues, pretrial motions and trial.
Common Charges: Straight Answers
What a DUI Charge Involves
A DUI charge in Arkansas is governed by that state’s own impaired-driving statute, which sets the blood alcohol thresholds and the penalties that apply, including how a prior DUI affects sentencing. Because the exact numbers are specific to the statute charged, the charging document and any test results are the first things worth reviewing.
Whether the charge is a misdemeanor or a felony in a particular case often turns on the number of prior offenses and whether anyone was injured, both of which the charging document should state.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
Facing a Drug Charge in Little Rock
Drug charges in Arkansas are graded largely by two things: whether the conduct was possession for personal use or manufacture and distribution, and which schedule the substance falls under. The controlling numbers come from the statute cited in the charging document.
A prior drug conviction can raise the penalty range for a new charge under Arkansas’s repeat-offender provisions.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
How Arkansas Treats Assault Charges
Under Arkansas law, an assault charge can range from a low-level misdemeanor to a serious felony, depending on facts such as injury, weapon use, and the identity of the alleged victim, all defined in the specific statute charged.
Protective orders are sometimes sought alongside an assault charge and follow their own separate procedure in Arkansas.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
What Determines the Severity of a Theft Charge
Theft charges in Arkansas are usually graded by the value of the property involved, with higher-value thefts charged as felonies and lower-value thefts as misdemeanors. The exact dollar thresholds are set in Arkansas’s theft statute and can change the range of penalties considerably.
Multiple thefts committed as part of one scheme can sometimes be added together to reach a higher grading threshold under Arkansas law.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
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Can I Get This Expunged in Arkansas?
Under Ark. Code 16-90-1401 and following sections, Arkansas allows sealing under the Comprehensive Criminal Record Sealing Act of 2013. Not every offense or outcome qualifies, and the waiting period, where one applies, depends on the specific offense. many misdemeanors and some nonviolent Class C and D felonies are eligible; Class Y, A, and B felonies and violent or sex offenses are excluded
Because background checks are common in hiring, housing, and licensing, clearing an eligible record can affect more than the case itself.
An attorney can check whether a specific charge or conviction is eligible and what the process involves.
Criminal Defense in Little Rock and Pulaski County
If you are charged in Little Rock, your case belongs to Pulaski County. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above.
If the matter involves an injury rather than a charge, our Little Rock personal injury attorney page is the better fit. Our coverage in this part of Arkansas also includes North Little Rock, Maumelle, and Bryant. You can browse every Arkansas city we cover in our Arkansas criminal defense attorney directory.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor in Arkansas?
A felony generally carries the possibility of a longer sentence than a misdemeanor, and Arkansas draws that line under Ark. Code 5-4-401.
Can charges be brought years later in Arkansas?
a Class Y or Class A felony must be prosecuted within 6 years; a Class B, C, D, or unclassified felony within 3 years (Ark. Code 5-1-109).
What happens if my trial does not start on time?
Where a specific deadline exists and is missed, the usual remedy is dismissal of the charges, though the details depend on the state’s rule.
Where is my case filed?
A case from Little Rock is part of Pulaski County.
Does every conviction qualify to be cleared?
No. Eligibility depends on the specific offense, and some offenses and outcomes are excluded from most record-clearing options.
How does Arkansas handle a DUI charge?
Arkansas’s own impaired-driving statute sets the thresholds and penalties that apply; the exact numbers depend on that statute and the facts.
What should I do first if I am charged with a crime in Little Rock?
Write down what happened while it is fresh, avoid discussing the case with others, and talk to an attorney as soon as you can.
Get Started With an Attorney in Little Rock
The rules on this page are the same across Arkansas, but what they mean for your case depends on the facts. Use the form to be matched with an attorney who can look at your charge.
