What possible punishments am I facing?

If you are a first time offender your charges can carry up to:
Class Y Felony – 10-40 year or life sentence and up to a $25,000 fine
Class A Felony – 6-30 year sentence and up to a $15,000 fine
Class B Felony – 5-20 year sentence and up to a $15,000 fine
Class C Felony – 3-10 year sentence and up to a $10,000 fine
Class D Felony – 0-6 year sentence and up to a $10,000 fine
If you have criminal history and have been previously convicted of one or more felony charges, the sentencing ranges can be drastically enhanced. This is known as being a “habitual offender”

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I have more than one charge, what’s the difference between consecutive and concurrent?

Typically, most sentences are run concurrently, which means at the same time. For instance, if you were sentenced to 10 years probation on one charge and 5 years probation on another charge concurrently, you would be on probation for 10 years and the clocks would run at the same time. Alternatively, if you were sentenced to 5 years probation on one charge and 10 years probation on another charge consecutively you would have to the 5 years probation and then the 10 years probation for a total of 15 years probation. The short answer is when it is consecutive the clocks don’t run at the same time. When you are facing criminal charges you are facing up to the maximums for each charged added on top of each other.

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How much time am I looking at with parole eligibility factored in?

Now more than ever that question is exceedingly hard to answer except by talking with you on a case by case basis. Arkansas passed several new laws that took effect in 2025 that created enhanced sentences and raised parole eligibility for a large number of offenses. If your alleged conduct was before 2025, you would still likely be dealing with the old parole eligibility rules that were in effect when the alleged occurred.

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What are the new sentencing laws in 2025 and how will that affect my case?

The exhaustive lists are below for the “100 %” and “85%” offenses, but there have been a large number of changes to sentencing and parole eligibility that are not reflected below. You need to consult with a qualified criminal defense attorney to determine what exactly you’re dealing with.

Any of the following offenses committed on or after January 1, 2025 are now “100% offenses”, meaning you cannot earn “good time” towards you parole eligibility to potentially reduce the length of your incarceration. See A.C.A 16-93-1802 (1)(B). These are referred to as “Felonies ineligible to receive earned release credits” and they are as follows:

 

(i) Capital murder, § 5-10-101;
(ii) Murder in the first degree, § 5-10-102;
(iii) Aggravated death by delivery, § 5-10-202;
(iv) Kidnapping, § 5-11-102, if a Class Y felony;
(v) Aggravated robbery, § 5-12-103;
(vi) Rape, § 5-14-103;
(vii) Trafficking of persons, § 5-18-103;
(viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;
(ix) Pandering or possessing visual or print medium depicting sexually explicit conductinvolving a child, § 5-27-304;
(x) Transportation of minors for prohibited sexual conduct, § 5-27-305;
(xi) Internet stalking of a child, § 5-27-306;
(xii) Sexually grooming a child, § 5-27-307, if a felony offense;
(xiii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;
(xiv) Computer exploitation of a child, § 5-27-605;
(xv) Causing a catastrophe, § 5-38-202(a);
(xvi) Aggravated residential burglary, § 5-39-204, if a Class Y felony;
(xvii) Treason, § 5-51-201;
(xviii) Fleeing, § 5-54-125, if a Class B felony;
(xix) Predatory marketing of fentanyl to minors, § 5-64-421(i); and
(xx) Possession of firearms by certain persons, § 5-73-103, if a Class B felony.

Any of the following offenses committed on or after January 1, 2025 are now “85% offenses”, meaning you can only apply “good time” towards you parole eligibility to potentially reduce the length of your incarceration by up to 15%. These are called “Restricted release felonies” See A.C.A 16-93-1802 (2)(A) and they are as follows:

(i) Murder in the second degree, § 5-10-103;
(ii) Manslaughter, § 5-10-104;
(iii) Negligent homicide, § 5-10-105, if a Class B felony;
(iv) Encouraging the suicide of another person, § 5-10-107;
(v) Death by delivery in the first degree, § 5-10-203;
(vi) Death by delivery in the second degree, § 5-10-204;
(vii) Kidnapping, § 5-11-102, if a Class B felony;
(viii) Battery in the first degree, § 5-13-201;
(ix) Terroristic act, § 5-13-310;

(x) Sexual indecency with a child, § 5-14-110;
(xi) Sexual extortion, § 5-14-113;
(xii) Exposing another person to human immunodeficiency virus, § 5-14-123;
(xiii) Sexual assault in the first degree, § 5-14-124;
(xiv) Unlawful female genital mutilation of a minor, § 5-14-136;
(xv) Crime of video voyeurism, § 5-16-101, if a Class C felony offense;
(xvi) Voyeurism, § 5-16-102, if a Class C felony offense;
(xvii) Patronizing a victim of human trafficking, § 5-18-104;
(xviii) Grooming a minor for future sex trafficking, § 5-18-106;
(xix) Traveling for the purpose of an unlawful sex act with a minor, § 5-18-107;
(xx) Domestic battering in the first degree, § 5-26-303;
(xxi) Aggravated assault on a family or household member, § 5-26-306, if under § 5-26-306(a)(3);
(xxii) Permitting abuse of a minor, § 5-27-221, if a Class B felony;
(xxiii) Exposing a child to a chemical substance or methamphetamine, § 5-27-230;
(xxiv) Employing or consenting to the use of a child in a sexual performance, § 5-27-402;
(xxv) Arson, § 5-38-301, if a Class Y felony;
(xxvi) Aggravated residential burglary, § 5-39-204, if a Class A felony;
(xxvii) Advocating assassination or overthrow of government, § 5-51-202;
(xxviii) First degree escape, § 5-54-110;
(xxix) Soliciting material support for terrorism, § 5-54-202(a);
(xxx) Providing material support for a terrorist act, § 5-54-202(b);
(xxxi) Making a terrorist threat, § 5-54-203;
(xxxii) Falsely communicating a terrorist threat, 5-54-204;
(xxxiii) Terrorism, § 5-54-205;
(xxxiv) Hindering prosecution of terrorism, § 5-54-207;
(xxxv) Exposing the public to toxic biological, chemical, or radioactive substances, § 5-54-208;
(xxxvi) Use of a hoax substance or hoax bomb, § 5-54-209;
(xxxvii) Engaging in a continuing criminal enterprise, § 5-64-405;
(xxxviii) Delivery of fentanyl, § 5-64-421(c);
(xxxix) Manufacture of fentanyl, § 5-64-421(d);
(xl) Trafficking a controlled substance, § 5-64-440;
(xli) Driving or boating while intoxicated, sixth or subsequent offense, § 5-65-111(f);
(xlii) Promoting prostitution in the first degree, § 5-70-104, if a Class B felony;
(xliii) Arming rioters, § 5-71-204;
(xliv) Criminal use of prohibited weapons, § 5-73-104, if a Class B felony;
(xlv) Criminal possession of explosive material or a destructive device, § 5-73-108(a);
(xlvi) Criminal distribution of explosive material, § 5-73-108(b);
(xlvii) Possession of stolen explosive material, § 5-73-108(c);
(xlviii) Unlawful receipt or possession of an explosive material, § 5-73-108(d);
(xlix) Theft of any explosive material with the purpose to cause harm to a person or property, § 5-73-108(f);
(l) Possession or use of weapons by incarcerated persons, § 5-73-131;
(li) Possession or use of a machine gun in the course of a criminal offense, § 5-73-211;
(lii) Unlawful discharge of a firearm from a vehicle in the first degree, § 5-74-107(a);

(liii) Using a born-alive infant for scientific research or other kind of experimentation, § 20-16-604(i);
(liv) Partial-birth abortion, § 20-16-1203; and
(lv) Performing an abortion in violation of the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq.