Class a misdemeanors in arkansas

A criminal attempt charge requires more than thinking or talking about an offense. Prosecutors must prove that you purposely took a substantial step toward committing the crime and that your conduct strongly supported the alleged criminal purpose. The State does not have to prove that you completed the intended crime. 

Criminal solicitation involves commanding, urging, or asking another person to commit a specific crime. Examples include asking someone to steal a vehicle or offering money to commit theft. Prosecutors can pursue a solicitation charge even when the requested crime never occurs (Arkansas Code § 5-3-301).

Criminal conspiracy involves an agreement to commit a crime or help plan or carry it out. At least one person involved must then take an overt act to advance the agreement. For example, two people might agree to break into parked vehicles, and one of them obtains tools for the planned break-ins. Prosecutors must prove the alleged agreement and an act taken to further it. Mere friendship or presence at the scene does not, by itself, establish conspiracy (Arkansas Code § 5-3-401).

Arkansas classifies most cases of domestic battering in the third degree and assault on a family or household member in the first degree as Class A misdemeanors. Domestic battering in the third degree typically involves purposely or recklessly causing physical injury, negligently causing injury with a deadly weapon, or administering a substance without consent. Assault on a family or household member involves recklessly creating a substantial risk of death or serious physical injury, even when no injury occurs. Pregnancy-related circumstances and qualifying prior offenses can raise domestic battering in the third degree to a Class D felony (Arkansas Code §§ 5-26-305 and 5-26-307).

Marriage and family offenses include bigamy, unlawful solicitation for the relinquishment of parental rights, and nonsupport. Bigamy involves entering a purported marriage while already married, although the law recognizes certain defenses based on a reasonable belief about the earlier marriage. Unlawful solicitation involves offering a prohibited payment or something else of value in exchange for adoption consent. Nonsupport involves failing to provide legally required support for a qualifying spouse or child. These offenses can begin as Class A misdemeanors, but threats, fraud, prior convictions, leaving Arkansas to avoid payment, or qualifying amounts of unpaid support can produce felony charges (Arkansas Code §§ 5-26-201, 5-26-204, and 5-26-401).

A knowing violation of an extended post-conviction no-contact order is a Class A misdemeanor. Prohibited conduct can include direct messages, social-media contact, visits, or communication through another person, depending on the order’s exact terms. Interference with visitation becomes a Class A misdemeanor for a third or subsequent offense, while taking or keeping the child outside Arkansas can result in a Class D felony. Interference with court-ordered custody can involve withholding a child from a lawful custodian, placing a child with someone prohibited from providing care, or accepting custody after a court has removed the child. Several forms begin as Class A misdemeanors, but out-of-state removal, shelter-related conduct, and subsequent offenses can increase the classification (Arkansas Code §§ 5-4-106(h), 5-26-501, and 5-26-502).

Arkansas classifies several theft offenses as Class A misdemeanors. Theft of property, theft of services, theft by receiving, and theft of rented or entrusted property typically fall within this classification when the property or services are worth $1,000 or less. The State must prove the mental state required by the specific charge, such as a purpose to deprive the owner, avoid payment, or retain property known or reasonably believed to be stolen. Unauthorized use of a vehicle is also a Class A misdemeanor, but unlike theft, it does not require proof that the accused intended to permanently deprive the owner of the vehicle (Arkansas Code §§ 5-36-103, 5-36-104, 5-36-106, 5-36-108, and 5-36-115).

Other Class A misdemeanor theft offenses include certain cases involving scrap metal, pawn shops, wireless services, and shoplifting devices. A first offense involving stolen scrap metal worth $1,000 or less or knowingly transferring stolen property to a pawn shop can qualify. The law also prohibits obtaining wireless service without authorization and making or possessing devices intended to facilitate wireless-service theft. Possessing a theft-detection shielding device or security-tag remover with the intent to steal, or removing a security device from merchandise before purchase, can also support a Class A misdemeanor charge. Prior offenses, higher property values, firearms, payment cards, threats, and other statutory circumstances can raise these offenses to felonies (Arkansas Code §§ 5-36-124, 5-36-125, 5-36-303, 5-36-304, 5-36-402, 5-36-403, and 5-36-404).

Criminal mischief in the first degree can involve purposely damaging another person’s property without legal justification. It is typically a Class A misdemeanor when the actual damage is $1,000 or less. Criminal mischief in the second degree covers reckless property damage or purposeful tampering that causes substantial inconvenience. It becomes a Class A misdemeanor when the actual damage is at least $1,000 but less than $5,000. Damage to critical infrastructure and other aggravating circumstances can produce felony charges (Arkansas Code §§ 5-38-203 and 5-38-204).

Other Class A misdemeanor property-damage offenses include substantially interrupting the operation of a vital public facility through specified disruptive conduct, willfully removing or destroying a legal survey marker, and engaging in prohibited burning. Unlawful burning can involve allowing a debris fire to spread, burning without adequate precautions, or violating an applicable outdoor burn ban. The State must prove the conduct, mental state, and resulting damage or disruption required by the specific statute (Arkansas Code §§ 5-38-205, 5-38-214, and 5-38-310).

Criminal trespass involves purposely entering or remaining unlawfully in another person’s vehicle or on property owned or leased by someone else. Certain circumstances make the offense a Class A misdemeanor, including carrying specified equipment, trespassing at a commercial fish farm with fishing gear, or having a qualifying prior conviction. Trespassing on critical infrastructure and some repeat offenses can result in felony charges (Arkansas Code § 5-39-203).

Related Class A misdemeanor offenses include forcibly taking or keeping possession of land, a second offense of unlawful squatting, damaging or leaving open another person’s fence or gate, and entering specified property in an unincorporated area without written permission. The classification depends on the location, the accused person’s purpose, any weapons or equipment involved, prior convictions, and whether the person had lawful authority to enter or remain (Arkansas Code §§ 5-39-210, 5-39-215, 5-39-301, and 5-39-305).

Arkansas classifies several financial and business offenses as Class A misdemeanors. These include falsifying business records, issuing materially false financial statements, accepting deposits while knowingly concealing a financial institution’s insolvency, and using another person’s credit or debit card without authorization. Credit or debit card fraud typically remains a Class A misdemeanor when the total value obtained during a six-month period is $1,000 or less. Prosecutors must prove the fraudulent purpose or knowledge required by the specific charge. A bookkeeping mistake, inaccurate statement, or disputed transaction does not automatically establish fraud (Arkansas Code §§ 5-37-202, 5-37-205, 5-37-206, and 5-37-207).

Computer trespass can involve intentionally accessing, changing, deleting, damaging, or disrupting a computer, network, program, or data without authorization. It is a Class A misdemeanor when the resulting loss or damage is at least $500 but less than $2,500. Arkansas also classifies certain threatening, abusive, or harassing computerized communications as Class A misdemeanors. Prosecutors must prove the accused person’s intent, authorization status, and the resulting loss or purpose required by the applicable statute (Arkansas Code §§ 5-41-104 and 5-41-108).

Government fraud charges can involve Medicaid, public benefits, food assistance, or WIC vouchers. Medicaid fraud can include knowingly submitting false claims, billing for services that were never provided, or falsifying records to obtain payment. The misdemeanor category applies when the aggregate amount illegally claimed is less than $2,500. Knowingly participating in Medicaid after suspension or exclusion can also constitute a Class A misdemeanor. Theft of public benefits is a Class A misdemeanor when the benefits involved are worth $500 or less. A billing mistake alone does not establish the knowledge or intent required for Medicaid fraud (Arkansas Code §§ 5-55-103, 5-55-111, and 5-55-115).

Arkansas classifies several offenses involving public servants and government integrity as Class A misdemeanors. Abuse of public trust can involve offering or accepting a benefit in exchange for a public appointment, nomination, vote, or favorable exercise of official discretion. The Class A misdemeanor classification applies when the benefit is worth less than $500 or its value cannot be determined. Higher-value benefits can produce felony charges (Arkansas Code § 5-52-101).

Soliciting unlawful compensation involves a public servant requesting an unauthorized benefit for performing an official action. Attempting to influence a public servant involves using deceit, threatened violence, or economic retaliation to affect an upcoming official decision. Abuse of office can involve knowingly misusing public authority or refusing to perform a required duty for financial benefit, a sexual favor, or the purpose of harming someone. The value of any benefit and the accused person’s purpose can affect the classification (Arkansas Code §§ 5-52-104, 5-52-105, and 5-52-107).

Arkansas also prohibits specified advocacy intended to encourage unlawful injury, property destruction, or violent government overthrow. However, constitutional protections sharply limit prosecution. Political criticism or abstract support for unlawful action does not, by itself, establish the offense. The State must account for the constitutional distinction between protected speech and advocacy directed toward producing imminent unlawful conduct (Arkansas Code § 5-51-205).

False swearing involves knowingly making a materially false statement under an authorized oath outside an official proceeding. Witness tampering can involve attempting to persuade someone to withhold evidence, avoid a summons, or miss an official proceeding. Attempts to induce false testimony or false information can support a felony charge. An innocent mistake, ordinary unsworn statement, or lawful communication with a witness does not automatically establish either offense (Arkansas Code §§ 5-53-103 and 5-53-110).

Other Class A misdemeanors include knowingly delivering a document that imitates legal process to obtain something of value and knowingly initiating or encouraging a frivolous, groundless, or malicious prosecution. A dismissal or acquittal does not, by itself, prove that the original prosecution was malicious or groundless (Arkansas Code §§ 5-53-116 and 5-53-131).

Failure to appear on an underlying Class A misdemeanor can itself become a Class A misdemeanor when someone misses a required appearance without a reasonable excuse. Knowingly violating a qualifying order of protection after receiving legally sufficient notice is also typically a Class A misdemeanor. A qualifying prior order-of-protection conviction within five years can raise the offense to a Class D felony (Arkansas Code §§ 5-54-120 and 5-53-134).

Obstructing governmental operations through force or threatened force is a Class A misdemeanor. A second or subsequent offense involving false identification to a law enforcement or code enforcement officer can carry the same classification. Resisting arrest involves using or threatening physical force, or another method creating a substantial risk of injury, against a known law enforcement officer making an arrest. Resisting arrest is different from refusing to submit to arrest, which is a Class B misdemeanor. Arkansas does not recognize an unlawful arrest as a defense to resisting when the officer acts under color of official authority (Arkansas Code §§ 5-54-102 and 5-54-103).

Using or threatening physical force against a law enforcement or code enforcement officer performing official duties can support an interference charge. Hindering apprehension can involve hiding a suspect, providing transportation to avoid capture, or concealing evidence. Aiding consummation of an offense involves helping another person safeguard or convert criminal proceeds. The classification of these assistance offenses depends partly on the seriousness of the underlying crime (Arkansas Code §§ 5-54-104, 5-54-105, and 5-54-106).

Class A misdemeanor escape-related offenses include third-degree escape outside the statute’s felony custody situations, recklessly permitting an unauthorized departure from specified facilities, and knowingly helping someone leave a juvenile facility, youth-services program, or the Arkansas State Hospital without authorization. Unlike resisting arrest, third-degree escape expressly recognizes unlawful arrest as a potential defense. Escape from the custody of a law enforcement agency, the Division of Correction, or the Division of Community Correction is a Class C felony (Arkansas Code §§ 5-54-112, 5-54-115, and 5-54-116).

Filing a knowingly false police report is typically a Class A misdemeanor, although an arrest, injury, substantial investigative expense, or certain serious accusations can trigger felony grading. Knowingly removing a required electronic monitor or failing to charge it when the failure prevents tracking is also a Class A misdemeanor, subject to a statutory defense for qualifying emergencies or unforeseen circumstances (Arkansas Code §§ 5-54-122 and 5-54-123).

Fleeing by vehicle is a Class A misdemeanor with a minimum two-day jail sentence when no felony circumstance applies. Driving above the posted speed limit while fleeing raises the offense to a Class D felony. Fleeing on foot is ordinarily a Class C misdemeanor, but it becomes a Class A misdemeanor when the flight directly causes property damage. Dangerous driving, serious injury, and other aggravating circumstances can produce higher felony classifications (Arkansas Code § 5-54-125).

Riot involves knowingly joining at least two other people in violent or tumultuous conduct that creates a substantial risk of public alarm, disruption of government operations, injury, or property damage. Inciting riot involves knowingly urging others to participate in a riot under circumstances creating a clear and present danger that they will do so, or giving commands or signals that further a riot. Both offenses typically begin as Class A misdemeanors, but resulting injury or property damage can raise the classification (Arkansas Code §§ 5-71-201 and 5-71-203).

Harassment can involve following someone in a public place, repeatedly contacting someone after being asked to stop, engaging in certain offensive physical conduct, or taking another prohibited action for the purpose of harassing, alarming, or annoying that person. Harassing communications cover specified calls, messages, emails, and other communications made for a prohibited purpose. These offenses are Class A misdemeanors. The State must prove the specific conduct and purpose required by the applicable statute (Arkansas Code §§ 5-71-208 and 5-71-209).

Communicating a false alarm involves knowingly spreading a false or baseless report likely to cause an emergency response, evacuation, or fear of injury or property damage. Threatening a fire or bombing involves purposely making a threat likely to cause public alarm or reasonable fear of injury or damage. Both offenses can begin as Class A misdemeanors, but resulting injury, property damage, certain school-related threats, and prior offenses can produce felony charges (Arkansas Code §§ 5-71-210 and 5-71-211).

Other Class A misdemeanor public-safety offenses include unlawfully obstructing a highway or public passage, acting with another person to disrupt specified campus activities, and interfering with lawful hunting, fishing, shooting, or trapping while possessing a firearm. Arkansas preserves certain defenses and exceptions, including specified communicative gatherings and a landowner’s right to control activity on private property (Arkansas Code §§ 5-71-214, 5-71-226, and 5-71-228).

Stalking in the third degree involves knowingly committing an act that would cause a reasonable person in the alleged victim’s position to experience emotional distress and fear for their safety or another person’s safety. Unlike higher-degree stalking offenses, the misdemeanor statute does not always require a repeated course of conduct. A qualifying single act can support the charge (Arkansas Code § 5-71-229(c)).

A second or subsequent offense involving unauthorized drone surveillance of critical infrastructure is a Class A misdemeanor. The law covers knowingly using a drone to monitor, record, or gather information about specified infrastructure without the owner’s prior written consent when no statutory exception applies. A first offense is a Class B misdemeanor (Arkansas Code § 5-60-103(d)(2)).

Using or threatening physical force while knowingly interfering with emergency medical personnel or a first responder during a rescue mission can support a Class A misdemeanor charge. The statute separately classifies purposeful obstruction or interference with a rescue mission as a Class D felony. The alleged conduct and mental state determine which provision applies (Arkansas Code § 5-60-123).

Interference with emergency communication in the first degree involves knowingly moving, damaging, or disabling another person’s phone or communication device to prevent that person from requesting emergency help when they have good cause to do so. The offense is a Class A misdemeanor and can arise when someone takes or breaks a phone to prevent a 911 call (Arkansas Code § 5-60-124).

Knowingly obstructing a person who lawfully intervenes to prevent imminent or ongoing criminal cruelty to an animal is a Class A misdemeanor. Arkansas also prohibits knowingly selling, offering, using, or exposing an animal affected by specified dangerous diseases or a condition beyond recovery. An offer to sell can qualify even when no transaction occurs (Arkansas Code §§ 5-62-111 and 5-62-116).

Unlawful animal fighting in the second degree includes knowingly purchasing admission to an animal fight, attending one, or watching one staged as a public spectacle. Promoting the fight or collecting money from spectators can support a separate felony charge. Arkansas also classifies certain unlawful dog attacks as Class A misdemeanors when an owner knows or should know the dog is prone to unprovoked attacks, negligently permits an attack, and the attack causes death or serious physical injury (Arkansas Code §§ 5-62-120 and 5-62-125).

Under the First-offender act (Act 346), a person who has not previously been convicted of a felony can sometimes enter a guilty or no-contest plea before adjudication, receive probation for at least one year, and obtain dismissal and sealing after successful completion. 

Arkansas adult drug court is a voluntary, treatment-focused program for qualifying adults whose criminal involvement is connected to an unmanaged substance-use disorder. Admission standards and program availability vary by judicial district.

Probation is not the only goal. If the State cannot prove lawful seizure, knowing possession, identity of the substance, reliable weight, or chain of custody, the defense can seek suppression, reduction, acquittal, or dismissal.