What is a Habitual Offender?
Generally defined, a habitual offender is a person who has been convicted of an offense and they have prior convictions on their record. In Arkansas, if someone is designated a habitual offender, they will be subject to enhanced sentencing upon conviction for the current crime. Additionally, some repeat offenders may not be eligible for a suspended sentence or probation, which means if they are found guilty of the offense, they will be sent to prison.
Habitual Offender Statute: Subsections (C) and (D) of A.C.A 5-4-501
Before taking an in-depth look at what determines whether or not a person will be designated a habitual offender, it's beneficial to review subsections (c) and (d) Arkansas's law. The statute references these sections throughout.
Subsection C is concerned with serious felonies involving violence, which includes:
- First- and second-degree murder;
- Kidnapping (when charged as a Class Y felony);
- Aggravated robbery;
- Terroristic act (when charged as a Class Y felony);
- Rape;
- First-degree sexual assault;
- Causing a catastrophe;
- Aggravated residential burglary;
- Aggravated assault on a law enforcement officer or correctional facility employee; or
- A conviction in another jurisdiction for an offense considered a serious felony involving violence
The felonies involving violence enumerated in subsection (d) include the following:
- First- or second-degree murder;
- Kidnapping;
- Aggravated robbery;
- Rape;
- Battery;
- Terroristic act;
- First- or second-degree sexual assault;
- First-degree domestic battery
- Residential burglary;
- Aggravated residential burglary;
- Unlawful discharge of a firearm from a vehicle;
- Criminal use of prohibited weapons (when charged as a Class B felony); or
- A felony attempt, solicitation, or conspiracy to commit certain serious felony offenses involving violence
When a Person May Be Designated a Habitual Offender
Several situations exist that determine whether a court will designate a person a habitual offender under Arkansas law. These include when a person:
- Is convicted of a crime other than one listed in subsections (c) and (d) and they have 1 or more prior felony convictions;
- Is convicted of a crime listed in subsection (c) and they have more than 1 prior felony conviction for offenses other than those enumerated in subsection (c);
- Is convicted of a crime listed in subsection (d) and they have more than 1 prior felony conviction for offenses other than those enumerated in subsection (d);
- Is convicted of a serious felony involving violence listed in subsection (c) and has been convicted of 1 or more offenses enumerated in subsection (c); or
- Is convicted of a felony involving violence listed in subsection (d) and has been convicted of 2 or more felonies of violence enumerated in subsection (d)
Enhanced Sentences for Habitual Offenders
A person designated a habitual offender, upon conviction of a current felony, may be subject to a longer term of imprisonment than a first-time offender. The sentence lengths depend on the nature of the offense and the number of previous convictions. For instance, if the individual is found guilty of a Class D felony other than one listed in subsections (c) or (d) and they have between 1 and 3 prior felony convictions, the maximum prison term is 12 years. However, if they have 4 or more prior felony convictions, they may face up to 15 years of imprisonment. That's a substantial increase in the maximum number of years: A first-time offender faces up to 6 years in prison upon conviction for the same offense.
Whether you've been charged with your first crime or have prior convictions in Northwest Arkansas, our team at Norwood & Norwood, P.A. is ready to fight aggressively for you. Schedule your free office visit to discuss your case by calling us at (479) 235-4600 or contacting us online.