MISDEMEANORS

Arkansas Misdemeanor Attorney

In Arkansas, a conviction of a Misdemeanor can result in up to 1 year of Jail and thousands of dollars in court costs and fines. At Clow Law, we have the experience and skill to fight for you. We will work to achieve the outcome your case deserves. We have handled thousands of misdemeanors in Arkansas and we know how to achieve the results you deserve. We have successfully helped our clients get their misdemeanor charges Dismissed, reduced, kept off their record and be found not guilty at trial. We want to help do the same for you and your case. We all know the deck is stacked against you when you are charged with a crime, but we are here to level that playing field and give you the tools to successfully defend your rights. 

Arkansas has four classes of Misdemeanors:

• Class “A” Misdemeanors – punishable by up to on1 year in jail and a fine of up to $2,500.

• Class “B” Misdemeanors – punishable by up to 90 days in jail and a fine of up to $1,000.

• Class “C” Misdemeanor – punishable by up to 30 days in jail and a fine of up to $500.

• “Unclassified” Misdemeanors – statute specific fines and jail time are set out for each offence, such as DWI.

What should I do if I have been charged with a Misdemeanor in Arkansas?

First, contact a Top Arkansas Criminal Defense Attorney immediately. At Clow Law, we will assess your case and get things headed in the right direction so you can get the results you deserve. 

If you have contact with a law enforcement officer, you have the right to remain silent and not incriminate yourself. You should always exercise this right. You also have another very important right, the right to an attorney. This is an extremely important right. Experienced Arkansas criminal defense attorneys, like the ones at Clow Law, can properly evaluate the evidence the government wants to use against you and formulate the best defense options to get your case the results you deserve. 

It is important to contact an Arkansas Defense Attorney immediately after police contact. If you are unable to personally contact an attorney, have a friend or family member reach out for you. Evidence, such as body worn camera and police dashcam video, is only required to be preserved by the State for a short period of time. Hiring an Arkansas Criminal Defense Attorney quickly will give you the attorney the ability to have your attorney file the appropriate motions to preserve valuable evidence in your case that may help prove your innocence.

It is a common misconception of people who feel they are guilty of the charged crime, that entering a Not Guilty plea at your first court appearance can hurt your case later. This is not true. The criminal process is designed for you to plea not guilty and have an opportunity for your attorney to review all the evidence and be able to put you in the best possible situation. This ensures you are fully informed of what the state is alleging you have done and that you have the opportunity to best defend your rights. 

SOME EXAMPLES AND EXPLANATIONS OF THE MOST COMMON ARKANSAS MISDEMEANORS INCLUDE:

• Possession of Drug Paraphernalia – The type and purpose of the paraphernalia will determine if it is charged as a misdemeanor or felony. In Misdemeanor cases, paraphernalia used for Marijuana is the most common type of drug Paraphernalia in Arkansas.

• Possession of Controlled Substance – Whether or not the controlled substance is a misdemeanor or felony depends on the type and weight of the substance. In Arkansas, the most common type of Misdemeanor Controlled Substance is Marijuana which is a Schedule VI Drug in Arkansas. 

• Battery 3rd Degree – this is usually your typical bar fight where no one is seriously injured. The prosecution must prove that you caused some degree of harm to another person and that you had the actual intent to cause that person harm. 

• Domestic Battery 3rd Degree – Some type of domestic relationship (Husband, Wife, Brother, Sister, Roommate, Cousin, ect.) must exist and the prosecution must prove that you caused some degree of harm to another person actually intending to cause that person harm. 

• Assault – Engaging in conduct that creates a substantial risk of death or serious physical injury to another person, or purposefully impeding or preventing the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck, or by blocking the person's nose or mouth.

• Harassment – This is a sustained pattern of bothering someone who does not want contact with you.

• Public Intoxication – A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that the person is likely to endanger himself or herself or another person or property; or the person unreasonably annoys a person in his or her vicinity.

• Disorderly Conduct – A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she does one of the following: Engages in fighting or in violent, threatening, or tumultuous behavior; makes unreasonable or excessive noise; In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response; Disrupts or disturbs any lawful assembly or meeting of persons; Obstructs vehicular or pedestrian traffic; Congregates with two or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law; Creates a hazardous or physically offensive condition; In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or In a public place, exposes his or her private parts.

• Obstructing Governmental Operations – A person commits the offense of obstructing governmental operations if the person: Knowingly obstructs, impairs, or hinders the performance of any governmental function; Knowingly refuses to provide information requested by an employee of a governmental agency relating to the investigation of a case brought under Title IV-D of the Social Security Act, 42 U.S.C. 651 et seq., and is the physical custodian of the child in the case; Fails to submit to court-ordered DNA testing to determine the paternity of a child in a case brought under Title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.; or Falsely identifies himself or herself to a law enforcement officer or a code enforcement officer.

• DWI / BWI – It is unlawful and punishable as provided in this act for any person who is intoxicated to operate or be in actual physical control of a motor vehicle. It is unlawful and punishable for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight-hundredths (0.08) or more based upon the definition of breath, blood, and urine concentration in 5-65-204.

• Minor in Possession – It is unlawful for any person under 21 years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer. In Arkansas, intoxicating liquor, wine, or beer in the body of a minor is not deemed to be in his or her possession. It is also unlawful for an adult to purchase on behalf of a person under 21 years of age any intoxicating liquor, wine, or beer.

• Carrying a Weapon – This is a crime of much debate recently. The law currently requires a culpable mental state for a conviction. A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.

• Theft of Property – Taking or exercising unauthorized control over or making an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or obtaining the property of another person by deception or by threat with the purpose of depriving the owner of the property and that property is worth $1,000 or less. 

• Theft by Receiving – A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person, knowing that the property was stolen; or having good reason to believe the property was stolen.

What common drugs are Misdemeanors in Arkansas?

• Schedule III drugs weighing less than 2 grams.

Examples: Anabolic Steroids, Buprenorphine.

• Schedule IV or Schedule V drugs weighing less than 28 grams.

Examples: Clonazepam, Ativan and other anti-depressants & sleeping medications.

• Schedule VI drugs weighing less than 4 ounces.

Examples: Marijuana. 

For some people, a misdemeanor charge may not seem like a big deal. However, you may be surprised to learn just how serious a misdemeanor conviction can be. It can have far-reaching effects on your life for years to come. You should take these charges seriously and get an attorney who has experience you can rely on, regardless of whether you want to work out a plea deal or contest your charge in court.

Even a single misdemeanor charge can spiral into several charges that add up quickly. Suddenly, you might be facing thousands of dollars in fines and significant jail time for something that seemed relatively minor.

When you call or text Clow Law, this is what you can expect:

1. A prompt consultation in person, on the phone, or via video conference.

2. A careful explanation of what you might be facing and all your options. We will analyze the facts of your case and provide you with our professional recommendations on how to move forward with your case. 

3. A thorough investigation of the facts of your case.

4. Innovative and aggressive trial strategies that incorporate the latest technology with time-tested trial techniques.

Do not try to work out these charges on your own—attempting to present your case alone can often make matters worse. Instead, contact Clow Law. The Clow Law team can help you fight back against unreasonable charges and work with you to decrease the chances of a conviction, reduce jail time, and minimize fines throughout central Arkansas, including in Benton, Bryant, Little Rock, Conway, and Clinton. Degen Clow works hard to not only fight for his clients’ rights but also explain the process and provide updates every step of the way. You will understand what is happening to you and what you can do to fight back when you work with Clow Law. We care about your future, and you deserve great representation. If you need help with your misdemeanor, do not wait. Call or text Clow Law today at 501-999-2569.