A Class D felony in Arkansas is the state’s lowest felony classification, punishable by up to six years in prison and a fine of up to $10,000. It covers offenses the legislature treats as serious but less harmful than crimes in the higher classes, and common examples include theft of property worth between $1,000 and $5,000, possession of small amounts of certain controlled substances, and tampering with a non-court public record. A conviction also carries lasting consequences that outlast the sentence itself, including a federal firearms ban and barriers to employment, housing, and professional licensing.
Crimes That Count as Class D Felonies
Arkansas sorts felonies into five classes: Y, A, B, C, and D. Class Y is the most serious; Class D is the least. The range of conduct that lands here is broader than many people expect.
Theft of Property
Stealing property valued between $1,000 and $5,000 is a Class D felony under Arkansas theft law. Theft of property worth $1,000 or less can also rise to a Class D felony if you have a prior theft conviction within the past ten years. During a declared state of emergency, the threshold drops further: stealing property worth at least $100 but less than $500 is enough.1Justia. Arkansas Code 5-36-103 – Theft of Property
Drug Possession
Possessing less than two grams of methamphetamine, heroin, cocaine, or another Schedule I or II controlled substance is a Class D felony. Schedule III substances in amounts between two and twenty-eight grams also fall here, as do Schedule IV or V substances between twenty-eight and two hundred grams. For marijuana, possessing four ounces to less than ten pounds is a Class D felony.2Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance Possessing any controlled substance while incarcerated bumps the charge up to the next higher felony class.
Tampering With a Public Record
Falsifying, altering, destroying, or concealing a public record is a Class D felony when the record is not a court record.3Justia. Arkansas Code 5-54-121 – Tampering With a Public Record If the record is a court record, the charge jumps to a Class C felony. If someone also broke into a building to reach the court record, it becomes a Class B felony.
Prison Time and Fines
A Class D felony carries a maximum prison sentence of six years, with no statutory minimum. The absence of a mandatory floor gives judges meaningful discretion, and first-time offenders often receive less than the maximum.4Justia. Arkansas Code 5-4-401 – Sentence
Courts can also impose a fine of up to $10,000.5FindLaw. Arkansas Code 5-4-201 – Fines That fine sits on top of any restitution the court orders, so the total financial hit from a conviction usually runs higher than the fine alone.
When Prior Convictions Change the Numbers
Prior felonies reshape the sentence completely. With two or three prior felony convictions, the ceiling for a Class D felony climbs from six years to twelve. With four or more, it rises to fifteen. The harshest enhancement applies to someone convicted of a violent felony who already has two or more prior violent felony convictions: in that scenario, a Class D felony carries a mandatory range of twenty to forty years.6Justia. Arkansas Code 5-4-501 – Habitual Offenders Sentencing for Felony What looks like a lower-tier felony on paper can end up producing a sentence that rivals much higher classes.
Probation Instead of Prison
Not everyone convicted of a Class D felony goes to prison. Arkansas law lets judges suspend the sentence or impose probation for most Class D offenses. The statutes list specific crimes that are off-limits for probation, including capital murder, treason, Class Y felonies, DWI, and second-degree murder, but Class D felonies generally are not on that list. One hard cutoff applies: if you already have two or more prior felony convictions, the court cannot suspend your sentence or grant probation.7FindLaw. Arkansas Code 5-4-301 – Suspension or Probation
Felony probation typically involves regular check-ins with a probation officer, drug testing, travel restrictions, employment requirements, and payment of supervision fees and restitution. Violating a condition can lead the court to revoke probation and impose the original prison sentence. The probation period can extend as long as the maximum prison term for the offense, meaning a Class D felony probation can run up to six years.
Consequences That Outlast the Sentence
The prison term and fine are often not the worst of it. Collateral consequences follow a felony conviction for years, sometimes permanently.
Federal Firearms Ban
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Since an Arkansas Class D felony carries up to six years, every Class D conviction triggers this ban. It applies nationwide, covers any firearm or ammunition, and does not automatically expire. Violating it is a separate federal crime carrying up to fifteen years in prison.
Voting Rights
Arkansas restores voting rights automatically once you fully discharge your sentence, including any probation, parole, or supervised release.9U.S. District Court Eastern District of Arkansas. If I Am Convicted of a Felony in Federal Court, Can I Vote? You will need your discharge letter to re-register. Until the discharge happens, you cannot vote, and for someone serving a long probation term that gap can last years.
Employment, Housing, and Licensing
Most Arkansas employers and landlords run background checks, and a felony conviction shows up on them. Arkansas has no statewide “ban the box” law for private employers, so a Class D felony on your record makes hiring, housing applications, and professional licensing harder. Some licensing boards deny applications outright based on a felony conviction, regardless of class.
Sealing a Class D Felony Record
Arkansas allows certain felony records to be sealed under the Comprehensive Criminal Record Sealing Act of 2013. Class D felonies are generally eligible, as long as the offense is not classified as violent and does not involve a sex crime against a minor. Records that can never be sealed include Class Y felonies, Class A or B felonies that are not drug offenses, manslaughter, violent felonies, and sex offenses involving victims under eighteen.
For most eligible Class D felonies, you can petition the court to seal the record immediately after finishing every term of your sentence, including probation, and paying all fines and court costs. Once sealed, the conviction no longer appears on standard background checks, which can matter a great deal for employment and housing. Sealing is not the same as expungement. The record still exists and remains accessible to law enforcement and certain licensing boards, but it is hidden from most public view.
Defenses to a Class D Felony Charge
Challenging Intent
Many Class D charges require the prosecution to prove a specific mental state. Tampering with a public record, for instance, requires proof that the person acted with the purpose of impairing the record’s accuracy or availability.3Justia. Arkansas Code 5-54-121 – Tampering With a Public Record Without that intent, the charge fails. Someone who damaged a record accidentally, or who did not know the document qualified as a public record, has a real argument that the required intent was never there.
Challenging the Evidence
Drug cases often turn on how the evidence was collected. If law enforcement conducted an illegal search, the drugs can be suppressed under the Fourth Amendment’s exclusionary rule, and the case usually collapses without the physical evidence. Defense attorneys also challenge chain of custody, lab testing procedures, and whether the substance actually tested positive for a controlled substance. On theft charges, disputing the value of the property can mean the difference between a felony and a misdemeanor.
Procedural Violations
If police failed to read Miranda warnings before a custodial interrogation, statements you made may be inadmissible. Errors during the arrest itself, such as a lack of probable cause for the stop, can taint the entire case. When those protections are violated, suppressing the evidence is the appropriate remedy.
Negotiating a Reduced Charge
Even when the evidence is strong, an attorney may negotiate a plea down to a Class A misdemeanor. The practical difference is large: a misdemeanor avoids the federal firearms ban, avoids most professional licensing disqualifications, and is far easier to seal. Prosecutors sometimes agree to reductions for first-time offenders, especially when the conduct sits near the boundary between felony and misdemeanor. On theft charges, the property valuation is often the pivot point, and challenging the stated value can push the charge below the $1,000 felony threshold.1Justia. Arkansas Code 5-36-103 – Theft of Property