Class B Felony
Every state handles felony definitions and distinctions differently. In Arkansas, we use the alpha system (Y, A, B, C, D, etc.) to classify felonies. These categories are organized on a descending scale. Class Y felonies are the most serious crimes not punishable by death, such as statutory rape. Class A felonies are slightly less serious crimes like drug distribution, and so on down through Class D felonies.
It’s important to note that no matter what the class, a felony is a serious charge that can have major repercussions on your life. If you are charged with a felony of any kind it can affect your right to vote, your ability to get a job, your parental visitation and custody rights, and your second amendment rights. If you are being charged with a felony, or you think you may be charged with a felony, contact a defense attorney as soon as possible. The right attorney can help you come up with a defense to minimize the damage done to your life by a felony charge.
What Is a Class B Felony in Arkansas?
In Arkansas, a Class B felony charge can include:
- Burglary
- Theft of property
- Forgery
How a crime is classified often depends on the circumstances involved. For instance, if you rob a home it may be a Class B felony. But if you attack someone or are found to be carrying a weapon in the course of robbing that home, it may become a Class A felony because of the violence implied.
However, domestic battery in the first degree is a Class B felony in Arkansas. While this is a violent crime, it is not (theoretically) happening in conjunction with another felony like theft or burglary.
If you are being charged with a crime, they will tell you with what level of felony you are being charged. But the right lawyer can work with you to try and reduce that charge to a less serious felony.
For instance, if you were involved in a Class A felony like an armed robbery, you would be charged with a Class A felony. But if you were only the driver and there is evidence that you carried no weapons and intended no harm, you may be able to bargain for a lower felony charge like Class B. But you need someone on your side who understands the nuances of the law and has years of experience in using it to defend the accused.
What Are the Punishments for a Class B Felony?
In Arkansas, the sentence for a Class B felony is five to 20 years in prison and a fine of up to $15,000. (Ark. Code §§ 5-4-201, 5-4-401 (2019).)
Can I Expunge a Class B Felony?
Expungement is the removal of a charge from your record. Felony expungements don’t just happen after you do your time. You have to go through a legal process and petition to have the charge removed. Some felonies cannot be expunged based on state and federal law. However, it is possible to have some Class B felonies expunged from your record. But it all comes down to the judge.
The judge of the court in which you were convicted has sole discretion over whether to grant you an expungement. You are required to follow the law of the state in which you were convicted – not the state in which you are currently living, if it is different. The legal process of expungement can take anywhere from three months to a full year or more.
If you have any questions about Class B felonies, or if you believe you are being charged with a Class B felony, contact the Bobby Digby Law Firm immediately. We pride ourselves on our extensive defense experience and no-nonsense approach to legal practice. We would love to schedule a time to sit down and go over the particulars of your case.