Laws Lawyers Find Laws Legal Forms State Laws Bills

ARKANSAS STATUTES AND CODES

§ 5-4-501 - Habitual offenders -- Sentencing for felony.

Listen
5-4-501.Habitual offenders -- Sentencing for felony.(a)(1)Adefendant meeting the following criteria may be sentenced to pay anyfine authorized by law for the felony conviction and to an extended termof imprisonment as set forth in subdivision (a)(2) of this section:(A)A defendant who:(i)Isconvicted of a felony other than those enumerated in subsections (c)and (d) of this section committed after June 30, 1993; and(ii)Haspreviously been convicted of more than one (1) felony but fewer thanfour (4) felonies or who has been found guilty of more than one (1) butfewer than four (4) felonies;(B)A defendant who:(i)Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and(ii)Haspreviously been convicted of more than one (1) felony but fewer thanfour (4) felonies not enumerated in subsection (c) of this section orwho has been found guilty of more than one (1) but fewer than four (4)felonies not enumerated in subsection (c) of this section; or(C)A defendant who:(i)Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and(ii)Haspreviously been convicted of more than one (1) felony but fewer thanfour (4) felonies not enumerated in subsection (d) of this section orhas been found guilty of more than one (1) but fewer than four (4)felonies not enumerated in subsection (d) of this section.(2)The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:(A)Fora conviction of a Class Y felony, a term of imprisonment of not lessthan ten (10) years nor more than sixty (60) years, or life;(B)For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than fifty (50) years;(C)For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than thirty (30) years;(D)For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than twenty (20) years;(E)For a conviction of a Class D felony, a term of imprisonment of not more than twelve (12) years;(F)Fora conviction of an unclassified felony punishable by less than lifeimprisonment, a term of imprisonment not more than five (5) years morethan the maximum sentence for the unclassified felony; and(G)Fora conviction of an unclassified felony punishable by life imprisonment,a term of imprisonment not less than ten (10) years nor more than fifty(50) years, or life.(b)(1)Adefendant meeting the following criteria may be sentenced to pay anyfine authorized by law for the felony conviction and to an extended termof imprisonment as set forth in subdivision (b)(2) of this section:(A)A defendant who:(i)Isconvicted of a felony other than a felony enumerated in subsections (c)and (d) of this section committed after June 30, 1993; and(ii)Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies;(B)A defendant who:(i)Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and(ii)Haspreviously been convicted of four (4) or more felonies not enumeratedin subsection (c) of this section or who has been found guilty of four(4) or more felonies not enumerated in subsection (c) of this section;or(C)A defendant who:(i)Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and(ii)Haspreviously been convicted of four (4) or more felonies not enumeratedin subsection (d) of this section or who has been found guilty of four(4) or more felonies not enumerated in subsection (d) of this section.(2)The extended term of imprisonment for a defendant described in subdivision (b)(1) of this section is as follows:(A)For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than life;(B)For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than sixty (60) years;(C)For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than forty (40) years;(D)For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than thirty (30) years;(E)For a conviction of a Class D felony, a term of imprisonment of not more than fifteen (15) years;(F)Fora conviction of an unclassified felony punishable by less than lifeimprisonment, a term of imprisonment not more than two (2) times themaximum sentence for the unclassified felony offense; and(G)Fora conviction of an unclassified felony punishable by life imprisonment,a term of imprisonment not less than ten (10) years nor more than fifty(50) years, or life.(c)(1)Exceptas provided in subdivision (c)(3) of this section, a defendant who isconvicted of a serious felony involving violence enumerated insubdivision (c)(2) of this section and who has previously been convictedof one (1) or more of the serious felonies involving violenceenumerated in subdivision (c)(2) of this section may be sentenced to payany fine authorized by law for the serious felony involving violenceconviction and shall be sentenced:(A)To imprisonment for a term of not less than forty (40) years nor more than eighty (80) years, or life; and(B)Without eligibility for parole or community correction transfer except under16-93-1302.(2)As used in this subsection, "serious felony involving violence" means:(A)Any of the following felonies:(i)Murder in the first degree,5-10-102;(ii)Murder in the second degree,5-10-103;(iii)Kidnapping,5-11-102, involving an activity making it a Class Y felony;(iv)Aggravated robbery,5-12-103;(v)Terroristic act,5-13-310, involving an activity making it a Class Y felony;(vi)Rape,5-14-103;(vii)Sexual assault in the first degree,5-14-124;(viii)Causing a catastrophe,5-38-202(a); or(ix)Aggravated residential burglary,5-39-204; or(B)A conviction of a comparable serious felony involving violence from another jurisdiction.(3)Adefendant who is convicted of rape,5-14-103, or sexual assault inthe first degree,5-14-124, involving a victim less than fourteen (14)years of age and who has previously been convicted of one (1) or moreof the serious felonies involving violence enumerated in subdivision(c)(2) of this section may be sentenced to pay any fine authorized bylaw for the rape or sexual assault in the first degree conviction andshall be sentenced to life in prison without the possibility of parole.(4)(A)Thefollowing procedure governs a trial at which a sentence to an extendedterm of imprisonment is sought pursuant to this subsection:(i)Thejury shall first hear all evidence relevant to the serious felonyinvolving violence with which the defendant is currently charged andshall retire to reach a verdict of guilt or innocence on this charge;(ii)(a)Ifthe defendant is found guilty of the serious felony involving violence,out of the hearing of the jury the trial court shall hear evidence ofwhether the defendant has pleaded guilty or nolo contendere to or beenfound guilty of a prior serious felony involving violence and shalldetermine the number of prior serious felony involving violenceconvictions, if any.(b)The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii)(a) of this section and to offer evidence in his or her support;(iii)(a)Thetrial court shall then instruct the jury as to the number of priorconvictions for a serious felony involving violence and the statutorysentencing range.(b)Thejury may be advised as to the nature of a prior serious felonyinvolving violence conviction and the date and place of a prior seriousfelony involving violence conviction; and(iv)The jury shall retire again and then determine a sentence within the statutory range.(B)Thedetermination of whether a felony conviction from another jurisdictionis comparable to an enumerated serious felony involving violence underArkansas criminal law lies within the discretion of the trial judge atthe time of sentencing.(d)(1)Adefendant who is convicted of a felony involving violence enumerated insubdivision (d)(2) of this section and who has previously beenconvicted of two (2) or more of the felonies involving violenceenumerated in subdivision (d)(2) of this section may be sentenced to payany fine authorized by law for the felony involving violence convictionand shall be sentenced to an extended term of imprisonment withouteligibility for parole or community correction transfer except under 16-93-1302 as follows:(A)For a conviction of a Class Y felony, a term of imprisonment of not less than life in prison;(B)For a conviction of a Class A felony, a term of imprisonment of not less than forty (40) years nor more than life in prison;(C)Fora conviction of a Class B felony or for a conviction of an unclassifiedfelony punishable by life imprisonment, a term of imprisonment of notless than thirty (30) years nor more than sixty (60) years;(D)Fora conviction of a Class C felony, a term of imprisonment of not lessthan twenty-five (25) years nor more than forty (40) years;(E)Fora conviction of a Class D felony, a term of imprisonment of not lessthan twenty (20) years nor more than forty (40) years; and(F)Fora conviction of an unclassified felony punishable by less than lifeimprisonment, a term of imprisonment not more than three (3) times themaximum sentence for the unclassified felony offense.(2)As used in this subsection, "felony involving violence" means:(A)Any of the following felonies:(i)Murder in the first degree,5-10-102;(ii)Murder in the second degree,5-10-103;(iii)Kidnapping,5-11-102;(iv)Aggravated robbery,5-12-103;(v)Rape,5-14-103;(vi)Battery in the first degree,5-13-201;(vii)Terroristic act,5-13-310;(viii)Sexual assault in the first degree,5-14-124;(ix)Sexual assault in the second degree,5-14-125;(x)Domestic battering in the first degree,5-26-303;(xi)Aggravated residential burglary,5-39-204;(xii)Unlawful discharge of a firearm from a vehicle,5-74-107;(xiii)Criminal use of prohibited weapons,5-73-104, involving an activity making it a Class B felony; or(xiv)A felony attempt, solicitation, or conspiracy to commit:(a)Capital murder,5-10-101;(b)Murder in the first degree,5-10-102;(c)Murder in the second degree,5-10-103;(d)Kidnapping,5-11-102;(e)Aggravated robbery,5-12-103;(f)Rape,5-14-103;(g)Battery in the first degree,5-13-201;(h)Domestic battering in the first degree,5-26-303; or(i)Aggravated residential burglary,5-39-204; or(B)A conviction of a comparable felony involving violence from another jurisdiction.(3)(A)Thefollowing procedure governs a trials at which a sentence to an extendedterm of imprisonment is sought pursuant to this subsection:(i)Thejury shall first hear all evidence relevant to the felony involvingviolence with which the defendant is currently charged and shall retireto reach a verdict of guilt or innocence on this charge;(ii)(a)Ifthe defendant is found guilty of the felony involving violence, out ofthe hearing of the jury the trial court shall hear evidence of whetherthe defendant has pleaded guilty or nolo contendere to or been foundguilty of two (2) or more prior felonies involving violence and shalldetermine the number of prior felony involving violence convictions, ifany.(b)The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii)(a) of this section and to offer evidence in his or her support;(iii)(a)Thetrial court shall then instruct the jury as to the number of priorfelony involving violence convictions and the statutory sentencingrange.(b)The jury maybe advised as to the nature of a prior felony involving violenceconviction and the date and place of a prior felony involving violenceconviction; and(iv)The jury shall retire again and then determine a sentence within the statutory range.(B)Thedetermination of whether a felony conviction from another jurisdictionis comparable to an enumerated felony involving violence under Arkansascriminal law lies within the discretion of the trial judge at the timeof sentencing.(e)(1)Forthe purpose of determining whether a defendant has previously beenconvicted or found guilty of two (2) or more felonies, a conviction orfinding of guilt of burglary,5-39-201, and of the felony that was theobject of the burglary are considered a single felony conviction orfinding of guilt.(2)Aconviction or finding of guilt of an offense that was a felony under thelaw in effect prior to January 1, 1976, is considered a previous felonyconviction or finding of guilt.(f)Forthe purposes of determining whether a defendant has previously beenconvicted of a serious felony involving violence or a felony involvingviolence under subsections (c) and (d) of this section, the entry of aplea of guilty or nolo contendere or a finding of guilt by a court to afelony enumerated in subsections (c) and (d) of this section,respectively, as a result of which a court places the defendant on asuspended imposition of sentence, a suspended sentence, or probation, orsentences the defendant to the Department of Correction, is considered aprevious felony conviction.(g)Anydefendant deemed eligible to be sentenced under a provision of bothsubsections (c) and (d) of this section shall be sentenced only undersubsection (d) of this section.(h)Ifthe provisions of subsection (c) or (d) of this section, or both, areheld invalid by a court, the defendant's case shall be remanded to thetrial court for resentencing of the defendant under the provisions ofsubsections (a) and (b) of this section.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • 5-4-501. Habitual offenders -- Sentencing for felony.

    (a) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:

    (A) A defendant who:

    (i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and

    (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;

    (B) A defendant who:

    (i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and

    (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or

    (C) A defendant who:

    (i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and

    (ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.

    (2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:

    (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;

    (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than fifty (50) years;

    (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than thirty (30) years;

    (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than twenty (20) years;

    (E) For a conviction of a Class D felony, a term of imprisonment of not more than twelve (12) years;

    (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than five (5) years more than the maximum sentence for the unclassified felony; and

    (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

    (b) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (b)(2) of this section:

    (A) A defendant who:

    (i) Is convicted of a felony other than a felony enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and

    (ii) Has previously been convicted of four (4) or more felonies or who has been found guilty of four (4) or more felonies;

    (B) A defendant who:

    (i) Is convicted of any felony enumerated in subsection (c) of this section committed after June 30, 1997; and

    (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (c) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (c) of this section; or

    (C) A defendant who:

    (i) Is convicted of any felony enumerated in subsection (d) of this section committed after June 30, 1997; and

    (ii) Has previously been convicted of four (4) or more felonies not enumerated in subsection (d) of this section or who has been found guilty of four (4) or more felonies not enumerated in subsection (d) of this section.

    (2) The extended term of imprisonment for a defendant described in subdivision (b)(1) of this section is as follows:

    (A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than life;

    (B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6) years nor more than sixty (60) years;

    (C) For a conviction of a Class B felony, a term of imprisonment of not less than five (5) years nor more than forty (40) years;

    (D) For a conviction of a Class C felony, a term of imprisonment of not less than three (3) years nor more than thirty (30) years;

    (E) For a conviction of a Class D felony, a term of imprisonment of not more than fifteen (15) years;

    (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than two (2) times the maximum sentence for the unclassified felony offense; and

    (G) For a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment not less than ten (10) years nor more than fifty (50) years, or life.

    (c) (1) Except as provided in subdivision (c)(3) of this section, a defendant who is convicted of a serious felony involving violence enumerated in subdivision (c)(2) of this section and who has previously been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the serious felony involving violence conviction and shall be sentenced:

    (A) To imprisonment for a term of not less than forty (40) years nor more than eighty (80) years, or life; and

    (B) Without eligibility for parole or community correction transfer except under 16-93-1302.

    (2) As used in this subsection, "serious felony involving violence" means:

    (A) Any of the following felonies:

    (i) Murder in the first degree, 5-10-102;

    (ii) Murder in the second degree, 5-10-103;

    (iii) Kidnapping, 5-11-102, involving an activity making it a Class Y felony;

    (iv) Aggravated robbery, 5-12-103;

    (v) Terroristic act, 5-13-310, involving an activity making it a Class Y felony;

    (vi) Rape, 5-14-103;

    (vii) Sexual assault in the first degree, 5-14-124;

    (viii) Causing a catastrophe, 5-38-202(a); or

    (ix) Aggravated residential burglary, 5-39-204; or

    (B) A conviction of a comparable serious felony involving violence from another jurisdiction.

    (3) A defendant who is convicted of rape, 5-14-103, or sexual assault in the first degree, 5-14-124, involving a victim less than fourteen (14) years of age and who has previously been convicted of one (1) or more of the serious felonies involving violence enumerated in subdivision (c)(2) of this section may be sentenced to pay any fine authorized by law for the rape or sexual assault in the first degree conviction and shall be sentenced to life in prison without the possibility of parole.

    (4) (A) The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to this subsection:

    (i) The jury shall first hear all evidence relevant to the serious felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

    (ii) (a) If the defendant is found guilty of the serious felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of a prior serious felony involving violence and shall determine the number of prior serious felony involving violence convictions, if any.

    (b) The defendant has the right to hear and controvert evidence described in subdivision (c)(4)(A)(ii)(a) of this section and to offer evidence in his or her support;

    (iii) (a) The trial court shall then instruct the jury as to the number of prior convictions for a serious felony involving violence and the statutory sentencing range.

    (b) The jury may be advised as to the nature of a prior serious felony involving violence conviction and the date and place of a prior serious felony involving violence conviction; and

    (iv) The jury shall retire again and then determine a sentence within the statutory range.

    (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated serious felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

    (d) (1) A defendant who is convicted of a felony involving violence enumerated in subdivision (d)(2) of this section and who has previously been convicted of two (2) or more of the felonies involving violence enumerated in subdivision (d)(2) of this section may be sentenced to pay any fine authorized by law for the felony involving violence conviction and shall be sentenced to an extended term of imprisonment without eligibility for parole or community correction transfer except under 16-93-1302 as follows:

    (A) For a conviction of a Class Y felony, a term of imprisonment of not less than life in prison;

    (B) For a conviction of a Class A felony, a term of imprisonment of not less than forty (40) years nor more than life in prison;

    (C) For a conviction of a Class B felony or for a conviction of an unclassified felony punishable by life imprisonment, a term of imprisonment of not less than thirty (30) years nor more than sixty (60) years;

    (D) For a conviction of a Class C felony, a term of imprisonment of not less than twenty-five (25) years nor more than forty (40) years;

    (E) For a conviction of a Class D felony, a term of imprisonment of not less than twenty (20) years nor more than forty (40) years; and

    (F) For a conviction of an unclassified felony punishable by less than life imprisonment, a term of imprisonment not more than three (3) times the maximum sentence for the unclassified felony offense.

    (2) As used in this subsection, "felony involving violence" means:

    (A) Any of the following felonies:

    (i) Murder in the first degree, 5-10-102;

    (ii) Murder in the second degree, 5-10-103;

    (iii) Kidnapping, 5-11-102;

    (iv) Aggravated robbery, 5-12-103;

    (v) Rape, 5-14-103;

    (vi) Battery in the first degree, 5-13-201;

    (vii) Terroristic act, 5-13-310;

    (viii) Sexual assault in the first degree, 5-14-124;

    (ix) Sexual assault in the second degree, 5-14-125;

    (x) Domestic battering in the first degree, 5-26-303;

    (xi) Aggravated residential burglary, 5-39-204;

    (xii) Unlawful discharge of a firearm from a vehicle, 5-74-107;

    (xiii) Criminal use of prohibited weapons, 5-73-104, involving an activity making it a Class B felony; or

    (xiv) A felony attempt, solicitation, or conspiracy to commit:

    (a) Capital murder, 5-10-101;

    (b) Murder in the first degree, 5-10-102;

    (c) Murder in the second degree, 5-10-103;

    (d) Kidnapping, 5-11-102;

    (e) Aggravated robbery, 5-12-103;

    (f) Rape, 5-14-103;

    (g) Battery in the first degree, 5-13-201;

    (h) Domestic battering in the first degree, 5-26-303; or

    (i) Aggravated residential burglary, 5-39-204; or

    (B) A conviction of a comparable felony involving violence from another jurisdiction.

    (3) (A) The following procedure governs a trials at which a sentence to an extended term of imprisonment is sought pursuant to this subsection:

    (i) The jury shall first hear all evidence relevant to the felony involving violence with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;

    (ii) (a) If the defendant is found guilty of the felony involving violence, out of the hearing of the jury the trial court shall hear evidence of whether the defendant has pleaded guilty or nolo contendere to or been found guilty of two (2) or more prior felonies involving violence and shall determine the number of prior felony involving violence convictions, if any.

    (b) The defendant has the right to hear and controvert evidence described in subdivision (d)(3)(A)(ii)(a) of this section and to offer evidence in his or her support;

    (iii) (a) The trial court shall then instruct the jury as to the number of prior felony involving violence convictions and the statutory sentencing range.

    (b) The jury may be advised as to the nature of a prior felony involving violence conviction and the date and place of a prior felony involving violence conviction; and

    (iv) The jury shall retire again and then determine a sentence within the statutory range.

    (B) The determination of whether a felony conviction from another jurisdiction is comparable to an enumerated felony involving violence under Arkansas criminal law lies within the discretion of the trial judge at the time of sentencing.

    (e) (1) For the purpose of determining whether a defendant has previously been convicted or found guilty of two (2) or more felonies, a conviction or finding of guilt of burglary, 5-39-201, and of the felony that was the object of the burglary are considered a single felony conviction or finding of guilt.

    (2) A conviction or finding of guilt of an offense that was a felony under the law in effect prior to January 1, 1976, is considered a previous felony conviction or finding of guilt.

    (f) For the purposes of determining whether a defendant has previously been convicted of a serious felony involving violence or a felony involving violence under subsections (c) and (d) of this section, the entry of a plea of guilty or nolo contendere or a finding of guilt by a court to a felony enumerated in subsections (c) and (d) of this section, respectively, as a result of which a court places the defendant on a suspended imposition of sentence, a suspended sentence, or probation, or sentences the defendant to the Department of Correction, is considered a previous felony conviction.

    (g) Any defendant deemed eligible to be sentenced under a provision of both subsections (c) and (d) of this section shall be sentenced only under subsection (d) of this section.

    (h) If the provisions of subsection (c) or (d) of this section, or both, are held invalid by a court, the defendant's case shall be remanded to the trial court for resentencing of the defendant under the provisions of subsections (a) and (b) of this section.

    Arkansas Forms by Issue

    Arkansas Court Forms
    >
    >
    >
    >
    >
    >

    Arkansas Law

    Arkansas State Laws
        > Arkansas Child Support
        > Arkansas Gun Laws
        > Arkansas Statute
    Arkansas State
        > Arkansas State Parks
    Arkansas Tax
        > Arkansas State Tax
    Arkansas Agencies
        > Arkansas Department of Corrections
        > Arkansas Department of Education
        > Arkansas Federal Credit Union
        > Arkansas Secretary of State
        > Arkansas State Police

    Arkansas Court Map

    Tips