Felonies
Criminal Defense Attorney for Felony Charges
What is the difference between felonies classifications?
A felony is a serious problem on a person’s legal record. The consequences of a felony or felonies include (but are not limited to) loss of voting rights, loss of gun rights, difficulty getting jobs, and the general negative stigma that comes along with being a “felon.” That’s why it’s important that you hire a criminal defense attorney for felony charges.
Besides being able to defend the facts of your felony case, a good attorney needs to be knowledgeable in expungement, first offenders’ programs, drug courts, veterans’ courts, and other possible opportunities to help lessen the penalties of a felony charge. Unfortunately, picking up a felony charge can be easy – the hard part is keeping it off your record. You need an attorney who knows how to do that.
Class a Felony
Carries a sentence of 6 to 30 years in prison. Some examples of a Class A felony are aggravated robbery, certain sex crimes, and certain drug crimes. You should definitely hire a criminal defense attorney for Class A felony.
Class b Felony
Carries a sentence of 5 to 20 years in prison. An example of a Class B felony is burglary. You should absolutely hire a criminal defense attorney for Class B felony.
Class C Felony
Carries a sentence of 3 to 10 years in prison. Some examples of a Class C felony are vandalism, failure to appear in court, and receiving stolen property. You need to hire a criminal defense attorney for Class C felony.
Class d Felony
Carries a sentence of up to 6 years in prison. Some examples of a Class D felony are aggravated assault and breaking and entering. Even though this is the lowest felony level, you should still hire a criminal defense attorney for Class D felony.
Class Y Felony
Carries a sentence of 10 to 40 years or life in prison. Some examples of a Class Y felony are murder, rape, and kidnapping. This is the highest felony level, so you should really hire a criminal defense attorney for Class Y felony.
Expungement
In Arkansas, expunging your record doesn’t mean that your felony charges are “erased” or “deleted.” It means that your case is sealed and treated as though it were highly confidential. If you have a felony case expunged, your record is considered “clean” in most circumstances. However, if you get charged with another crime in the future, the expunged case will be taken into consideration.
Expungements restore your right to carry a gun in circumstances such as those in the Arkansas First Offender Act., but you’ll need a pardon to completely restore your right to bear arms.
If you were facing criminal charges but the case was dismissed, acquitted, or deemed “nolle prosequi,” you can absolutely file for an expungement. If you have been convicted of a felony, there are very specific criteria your charges must meet to be able to petition for expungement. These criteria include your criminal history and prior felony convictions.
Having a felony expunged from your record is a very intense, confusing legal process. You’ll have to file a complicated petition, and you might even have to attend a hearing in court. Don’t try to expunge your own felony record – hire a criminal defense attorney with a lot of experience with felony charges. Chances are if they’ve gone to court for lots of felony cases, they’ve seen an expungement or two. Don’t be afraid to ask an attorney what his experience with expungement looks like. Asking this question will show you that you’ve either found someone who knows their stuff or that you need to keep looking.
Frequently asked questions
1. What are the consequences of having a felony on my record?
Having a felony on your record in Arkansas can lead to severe consequences, including loss of voting rights, restricted firearm ownership, challenges in securing employment, and enduring a negative social stigma. Engaging a criminal defense attorney is crucial to navigate and mitigate these repercussions effectively.
2. Can you explain the classifications of felonies?
Felonies in Arkansas are classified from Class A to Class Y, each with varying degrees of severity and corresponding prison sentences. Class A felonies, such as aggravated robbery, carry the most substantial penalties, while Class D felonies, like aggravated assault, have comparatively lighter sentences.
3. Why should I hire a criminal defense attorney for a Class A felony?
Hiring a criminal defense attorney for a Class A felony is essential due to the severity of the charges, carrying a sentence of 6 to 30 years in prison. A skilled attorney can build a robust defense strategy, navigate complex legal processes, and work towards minimizing the potential consequences associated with serious offenses like aggravated robbery or certain sex crimes.
4. Do I need an attorney for a Class D felony, the lowest level?
Yes, even for Class D felonies with sentences of up to 6 years, it is crucial to hire a criminal defense attorney. Examples of Class D felonies include aggravated assault and breaking and entering. Professional legal representation ensures your rights are protected and aids in navigating the complexities of the legal system.
5. What does expungement mean in the context of felony charges?
In Arkansas, expungement doesn’t erase felony charges but seals the case confidentially. It allows your record to be considered “clean” in most circumstances. However, future charges may still take the expunged case into consideration.
6. Can I file for expungement if my case was dismissed or acquitted?
Absolutely. If your case in Arkansas was dismissed, acquitted, or deemed “nolle prosequi,” you can file for expungement. It is a viable option to clear your record, but specific criteria must be met based on the circumstances of your case.
7. What criteria determine eligibility for felony expungement?
Eligibility for felony expungement in Arkansas is determined by factors such as criminal history, prior felony convictions, and the specifics of your case. It is advisable to consult with an experienced criminal defense attorney to assess your eligibility accurately.
8. Why should I hire an attorney for expunging my felony record?
Expunging a felony record in Arkansas involves a complex legal process, including filing a complicated petition and potential court hearings. Hiring an experienced criminal defense attorney is crucial to ensure all requirements are met and to navigate the intricacies of the expungement process effectively.
9. How does an expunged felony record affect future charges?
While expunged records are generally considered “clean,” they may be taken into consideration if you face future charges. Understanding the implications and having guidance from an experienced attorney is vital.
10. What specific circumstances allow the restoration of gun rights through expungement?
Expungements under the Arkansas First Offender Act can restore the right to carry a gun in certain circumstances. However, a full pardon is necessary for complete restoration of the right to bear arms.
11. Can I expunge a felony conviction with a complex criminal history?
Expungement criteria in Arkansas consider factors such as your criminal history. Consulting with an experienced criminal defense attorney is essential to navigate the complexities of expungement, especially with a complex criminal history.
12. How can I assess an attorney's experience with expungements for felony charges?
To assess an attorney’s experience with expungements for felony charges, inquire about their specific experience handling expungements and felony cases. An attorney with a proven track record in successfully navigating the expungement process demonstrates expertise and familiarity with the intricacies of felony charges and record sealing.
