Felony
A felony is a type of offense punishable under criminal law. Many states classify felonies under different categories depending on the seriousness of the crime and its punishment. In most cases, if a felony is not classified by a letter grade in the section defining it, the felony is classified as follows:
- Class A: if the maximum term of imprisonment authorized is life imprisonment, or if the maximum penalty is death.
- Class B: if the maximum term of imprisonment authorized is twenty-five years or more.
- Class C: if the maximum term of imprisonment authorized is less than twenty-five years but ten or more years.
- Class D: if the maximum term of imprisonment authorized is less than ten years but five or more years.
- Class E: if the maximum term of imprisonment authorized is less than five years but more than one year.
However, some states do not classify felonies by categories. Thus, the sentencing is made on a crime-by-crime basis.
In Arkansas
Arkansas law on what constitutes a felony can be found in the Arkansas Code, specifically under Title 5 - Criminal Offenses. Here are some key places to look:
- Arkansas Code § 5-1-106: This section defines a felony as an offense explicitly designated as such by statute or one that is punishable by imprisonment in a state penitentiary or death. It distinguishes felonies from misdemeanors, which carry lesser penalties.
- Arkansas Code § 5-4-401: This outlines the sentencing guidelines for felonies, detailing the maximum prison terms for different classes (Y, A, B, C, D, and unclassified felonies). A crime is generally considered a felony if it’s punishable by more than one year in state prison.
- Specific Offense Statutes: Individual crimes are classified as felonies within their respective statutes under Title 5. For example:
- Murder (§ 5-10-101 et seq.) is a felony, with capital murder carrying the death penalty or life without parole.
- Theft (§ 5-36-103) becomes a felony based on the value of the property stolen (e.g., over $1,000 can be a Class D felony).
- Drug offenses (§ 5-64-401 et seq.) are often felonies depending on the substance and quantity.
The classification and penalties depend on the specific crime, so you’ll need to look at the statute defining the offense in question alongside the general definitions in § 5-1-106 and § 5-4-401.