While many people think that a misdemeanor is not serious, the potential penalties are. If you have been arrested or charged with a misdemeanor offense, you need to get ahead of the situation. An experienced criminal defense lawyer from Horton Law can provide you with effective legal representation and protect your legal rights. Call today for a confidential consultation.
Obtaining early legal assistance is key to mounting the strongest defense possible. By having an experienced attorney early in the process, you can:
Your criminal defense lawyer can take control of the situation and guide you through the legal process with ease.
A misdemeanor is a criminal offense that is not classified as seriously as a felony in Arkansas. Arkansas has three classifications of misdemeanors: Class A, B, or C, with Class A being the most serious. The classification impacts the potential penalty that can be imposed. Arkansas also has unclassified misdemeanors. The potential penalties for these offenses are laid out in the specific state statute that addresses them.
Misdemeanors are generally considered less serious than felony offenses. This is because the potential penalties are lower, and the criminal activity is generally not as serious as felony offenses, such as those involving serious bodily injury, significant property damage or loss, or violent offenses. Misdemeanors tend to result in lesser harm or intent than felonies.
A misdemeanor is punishable by up to one year in jail, while a felony can result in imprisonment of up to life or the death penalty under Arkansas Code § 5-4-401. Additionally, felonies can carry larger fines and other significant penalties when compared to misdemeanor offenses.
Where a person is held upon conviction also varies depending on whether they are convicted of a misdemeanor or felony. Defendants convicted of a felony offense are held in a state prison, while those convicted of a misdemeanor are held in a local county jail or city detention center. State prisons are managed by the Arkansas Department of Corrections, while misdemeanor sentences are handled at the local municipal or county level.
Being convicted of a felony in Arkansas can result in the temporary or permanent loss of various civil rights, while misdemeanor offenses generally do not result in these consequences. Some losses for convicted felons include the following:
Some of the most common misdemeanors charged in Arkansas include the following:
If you are facing any of these or other misdemeanor charges, contact us today for a confidential case evaluation.
The stages of a misdemeanor case in Arkansas typically include the following:
Law enforcement officers take a person into custody when they have an arrest warrant or probable cause. They then book the defendant, which involves recording personal information, taking fingerprints, and taking photographs. The booking occurs at a county jail or local police department.
The defendant is brought to the initial court appearance where they appear before a district court judge. The judge formally explains the charges against the defendant, and bail is addressed. The judge determines pre-release conditions or bond (cash, surety, or released on your own recognizance).
It is critical to obtain legal representation as early in the process as possible. A lawyer can help negotiate pre-trial release conditions, address bond concerns, explain your legal rights, and begin mounting a strategic defense. In some misdemeanor cases, this could even sometimes involve getting the prosecutor to drop or not file the charges.
At the arraignment, the defendant enters a plea. Most of the time, this will be a plea of not guilty. The defendant may later change their plea, but pleading not guilty initially protects their legal rights and moves the case through the criminal justice process.
A lot of work goes into the pretrial phase of the case. Your criminal defense lawyer can conduct an independent investigation into the charges against you, gather evidence that supports your case, and test or challenge evidence. They may file various legal motions, such as requesting that illegally obtained evidence be suppressed, or requesting evidence from the prosecution.
Discovery is the legal process in which your criminal defense lawyer requests and reviews evidence, such as police reports, video recordings, witness statements, and crime scene photos.
In some cases, it may be possible to enter into a plea agreement. This can result in reduced charges or a lighter sentence in exchange for a guilty plea.
If the defense and prosecution reach a plea deal, the defendant enters a plea of guilty or no contest. The judge imposes a sentence.
If the defendant continues to plead not guilty, the case proceeds to trial. At trial, the prosecution bears the burden of proof. They are responsible for showing that the defendant committed each element of the crime by proof beyond a reasonable doubt.
The prosecution begins by making an opening statement that lays out what they plan to present during the trial. Then, the defense gives its opening statement. The prosecutor then calls witnesses to the stand, presents evidence, and asks questions. The defense cross-examines the witnesses and tries to poke holes in the prosecution’s case.
After the prosecutor finishes presenting their case, they rest. The defense then has an opportunity to present an affirmative defense. They can call witnesses and introduce evidence. The prosecution then has a chance to cross-examine the defense’s witnesses.
Finally, the prosecution gives a closing statement. The defense then does the same. The court considers the case and renders a verdict of guilty or not guilty.
The potential penalties for a misdemeanor offense depend on the classification of the misdemeanor, as follows:
In addition to potentially being sentenced to jail time and ordered to pay significant fines, a misdemeanor offense can cause other consequences to your life, including the following:
An experienced criminal defense lawyer from Horton Law can focus on achieving a positive outcome that considers your objectives and protects you from long-term damage to your reputation and opportunities.
When so much is at stake, it is pivotal that you work with an attorney experienced in criminal law and who has a strong understanding of this area of the law. An experienced criminal defense attorney can help by:
Contact Horton Law today to find out more about how we can help you during this pivotal time.
The effectiveness of any defense will depend on the specific circumstances involved in your case. Possible defenses may include:
In addition to raising these potential defenses at trial, your criminal defense attorney can seek a dismissal, reduction in your charges, or alternative sentencing.
You must take swift and decisive action to protect your legal rights if you have been charged with a misdemeanor, including:
If you were recently arrested, charged, or believe that you are under investigation for a misdemeanor crime in Northwest Arkansas, you need strong legal support. That is what you get when you hire the experienced legal team at Horton Law. Contact us today for a confidential consultation.