This is a Class B felony, though it could be a Class A felony under certain circumstances. Meagan went on to graduate with Honors from the UALR William H. Bowen School of Law where she was also an editor for the UALR Law Review. enter orders consistent with 5-2-327 or 5-2-328, or both. The crimes under class D felonies depend on state laws. Mrs. Rayner was questioned and confirmed that her claims were fraudulent. She stated she did this in order to get the other driver's vehicle fixed because she did not have insurance at the time of the accident, and she did not have the money to pay for the damages. At approximately 8:08 p.m., Janel Hatcher filed a claim via telephone with GEICO. Personal Information Revealed Online, History of the Freedom of Information Act, Right to hold occupations that require a license. A On 07 February 2023, in the Circuit Court of Miller County (CR21-706), Kevin Hayes (50 of Texarkana, AR) entered a plea of Guilty to one count of Falsifying a Business Record (Class A Misdemeanor). When confronted with the information that there was proof the loss happened before he took out the policy with Progressive, Norman withdrew his claim. Theft of property worth $5,000 to $25,000 is a Class C felony. He stated that he was headed to the grocery store and was hit at a traffic light. On 14 June, Kevin Hancock filed a claim for damage to his motorcycle. Douglas Henry provided a fictitious receipt to State Farm from Music Mart in an attempt to claim coverage in the amount of $9,751.35, to which he was not entitled. He later admitted that all the billing in his name was fraudulent. Felonies in Arkansas are crimes punishable by state prison terms. Mangmoradeth advised that he made a "stupid mistake.". However, the crimes put under that group can attract a prison sentence of up to 25 years. The penalties for a Class D felony are fines up to $10,000 and imprisonment up to 6 years. Nearly all juvenile records can be expunged in the state of Arkansas, Booking Number: DJMB2252023. They confirmed that Music Mart had been closed for approximately 15 years and that the receipt provided by Henry was not one from their store. Mr. Nicklin's vehicle fled the scene. Pye was later interviewed and admitted that the accident was staged. Class E: 1 to 5 years in prison. On 07 December 2021, Tianna Jackson filed a claim with Rep West Insurance, which is the insurer for the U-Haul truck was that being driven by Hinton. (a) A person commits sexual assault in the third degree if the person: (1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: (A) Employed with the Division of Correction, Division of Community . Criminal Offenses 5-13-301. Little Bitty City is a business in Hot Springs, AR that provides childcare and mental health services for children. On 05 April 2019, Ms. Jackson filed an accident claim stating the accident occurred on 04 April 2019, after she obtained her policy. As part of the claim, State Farm requested that Bishop take an examination under oath (EUO). On 13 August 2021, Patricia Jegstrups vehicle insurance policy with Progressive canceled for non-payment. (b)(1)A person commits the offense of terroristic threatening in the second degree You could also receive a fine as high as $5,000. She stated Higgins came to her and her sister, Allison Davis, with the plan. Code 5-4-104, 5-4-401 (2019).). Arkansas has two types of crimes: felonies and misdemeanors. Date added: 9/30/2019. She explained that the driver was actually her live-in boyfriend and that he did not have a drivers license. Charges: Include class Y felony simultaneous possession of drugs and firearms and aggravated assault upon law enforcement officer-discharge of firearm. 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. She filed a claim with GEICO but was informed that she only had liability insurance, and her damage was not covered. She was sentenced to one (1) year of supervised probation and was ordered to pay a fine of $250, plus court costs. Code 5-4-201, 5-4-401 (2019). However, no fines are part of the punishments in any of the classes. You could also pay a fine as high as $100,000. On 26 July 2016, Donald Pye rented a U-Haul truck in Pulaski County, AR and insured it through RepWest Insurance. Likewise, some states use a letter system to designate different classes of felonies. Again, in Michigan, class D felonies attract a prison sentence of up to 10 years. Statistics show very few are granted. On 12 July 2022, in the Circuit Court of Pulaski County (CR 20-3177), Wesley Snodgrass entered a plea of guilty to one count of Fraudulent Insurance Act (Class D Felony). While Arkansas has five categories for felonies, the most serious felonies are unclassified and have specific penalties for them. This site is protected by reCAPTCHA and the Google, There is a newer version (Ark. On 10 October 2022, in the Circuit Court of Craighead County (16JCR-22-572), Janette Rodriquez (27 of Jonesboro) entered a plea of guilty to one count of Fraudulent Insurance Acts (Class D Felony). On 07 February 2020, Portia Johnson filed a claim with State Farm Insurance, stating that a tree limb fell onto a 2010 GMC Terrain, which was registered in the names of Calvin Summers and Wendy Parent. Scoggins house was broken into on 17 November 2020. Examples of those crimes are incest, first-degree burglary, and murder. A class B felony carries a possible sentence of 5 to 20 years, plus a fine of up to $15,000. If you pleaded guilty to a felony and are 18 and older, you cannot have your record expunged in Arkansas. The consequences of a felony conviction are one of those things you want to avoid. On 28 AUG 2020, Roberto Ramirez filed a claim with Progressive Insurance concerning his vehicle (2009 Pontiac Vibe) being involved in an animal collision on 27 AUG 2020 at approximately 2100hrs. On 4 February 2022, Savanna Bartletts car was involved in a single car accident just after midnight. On 13 March 2019, Kenisha Riggins-Lee was in possession of a counterfeit Insurance identification card, and used said card in an attempt to register a vehicle at the Arkansas Department of Motor Vehicles, in Little Rock, Arkansas. During this statement, Smitherman was asked again when the accident occurred and she changed to the date to the week prior to 9 March 2022. Connecticut has provisions for clearing non-conviction offenses. On 16 August 2022, in the Circuit Court of Union County (CR22-189), Douglas Henry entered a plea of guilty to one count of Fraudulent Insurance Acts (Class D Felony) and one count of Attempted Theft of Property (Class D Felony). The sentence was issued pursuant to Act 346. According to the Probable Cause statement, this began when deputies responded to a report of a motor vehicle accident that occurred on Squirrel Hill Road, Southeast of Salem, AR. Over 35,000 people charged with crimes have trusted us to fight for them, including thousands of people with felony charges. What is a Class D felony in Arkansas? AIDCID investigators spoke with Simmons Air Force leadership, and it was determined Simmons is in the Air National Guard serving one weekend a month. Expungement doesnt apply to all offenses, however. The United States federal law categorizes felonies into five classes. (c)(1)(A)Upon pretrial release of the defendant, a judicial officer shall: (i)Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and. On December 14, 2022, in the Circuit Court of Faulkner County, case # CR22-730, Kelsey Wilkinson (31 of Conway) entered a plea of Guilty to one count of Fraudulent Insurance Acts (D Felony). Hancock reported to Progressive that he and his wife had an accident on 13 June, when he tried to avoid a deer. On 18 January 2023, in the Circuit Court of Jefferson County (CR20-594), Portia Johnson (54 of White Hall) entered a plea of No Contest to one count of Fraudulent Insurance Acts (Class D Felony). A class Y felony is the most serious crime classification under Arkansas law. An estimate was completed on the damage to Montgomerys vehicle in the amount of $2,132.00. Arkansas's lawmakers designate felonies as Class Y, A, B, C, or D. Some felonies are unclassified and, for these crimes, the sentence will be set forth in the criminal statute. When investigators from the Insurance Department questioned Riggins-Lee as to where she obtained the card, she stated that she got it from Tanesha Dodson. On 27 August 2021, Ms. Jegstrup reinstated her policy with Progressive and signed a Statement of No Loss, assuring Progressive that neither she nor her vehicle had been involved in an accident between the dates of 13 August 2021 and 27 August 2021. (FOR FELONY OFFENSE) - FELONY - Arkansas. On 18 November 2020, Gloria Scoggins filed an insurance claim with Farmers Insurance, who she had her home insured through. He was sentenced to one year suspended imposition of sentence and was ordered to pay a $1,000 fine plus court costs. Start here to find criminal defense lawyers near you. Below are the five felony classes in the United States federal law and their respective sentences: Generally, class A felonies are the most severe class of crimes in the United States. As part of the claims process, Crouch submitted photos of her damage. Normans claim was denied as his policy had lapsed for non-payment. On 24 June 2020, the Crittenden County Sherriffs department found an abandoned 2014 GMC on the side of the road, near I-55. Suite 300 That possibility is more likely if the crime is the first felony arrest and aggravating circumstances are not present. When the meta data of the photographs was examined by Progressive, it was found that the photos were taken at Cannon Nissan in Blytheville on 06 May 2020, which was 9 days after the truck was reported stolen. 5-4-104). She was sentenced to two (2) years Suspended Imposition of Sentence (SIS), and ordered to pay a fine of $500, plus court costs. Of the 85 billed visits, BCBS denied coverage on nine visits and BCBS paid out $129.22 for each of the 76 other visits for a total payout of $9,082.17. She was sentenced to one year of probation and ordered to pay a $500 fine, plus court costs. Cole further stated that he had purchased the Cub Cadet mower from Home Depot in North Little Rock, Arkansas, on 11 July 2021, also for cash. according to each felony class. 26 Feb Feb As such, they attract the strictest kinds of punishment. (a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations: (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life; (2) For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years; (3) For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years; (4) For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years; (5) For a Class D felony, the sentence shall not exceed six (6) years; and. If you have more than one offense on your file, youll have to file a separate petition for each crime. Thus, youre more likely to receive probation. Florida state laws have provisions for clearing certain criminal offenses after a ten-year waiting period. On 11 August 2021, Royster reported to the Little Rock Police Department that he had been involved in a hit and run accident. On 12 December 2022, in the Circuit Court of Pulaski County (CR22-1611), Crystal Hinton (30 of Conway) entered a plea of Guilty to one count of Fraudulent Insurance Acts (Class D Felony). The sentence lengths depend on the nature of the offense and the number of previous convictions. There are also legal provisions for non-convicted offenses. Typically, these requirements include: Once youve met these requirements, you can file a petition to have your criminal record erased with your lawyers help. (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or. The most serious is domestic battering in the first degree. Generally, a person can have minor crimes erased from their criminal record. Working and housing rights could be significantly affected. Indiana state laws group felonies using a numerical system. On 2 July 2021, at approximately 2:52 p.m., Earls added comprehensive and collision coverage to his vehicle with an effective date of 7 July. Class C felonies attract a prison sentence of 10 to 25 years. As a result, the accompanying punishment is also more severe. ), Class A felonies in Arkansas are punishable by six to 30 years' imprisonment and a fine of up to $15,000. Arkansas also makes it illegal to possess and use drug paraphernaliaitems used to ingest, inhale, or inject controlled substances. In most cases, enhanced penalties are imposed without the possibility of parole. Progressive confirmed that the policy cancelled in January 2019 and that neither Jamia Fairchild nor her vehicle were ever insured by their agency. The clerk was told that the policy number reflected a customer in California. However, the judge could decide to offer some latitude, especially if youre a first time offender. If convicted of a class A felony, a defendant can be sentenced to a prison term of 6 to 30 years, plus a fine of up to $15,000. (C)The judicial officer or prosecuting attorney shall provide a copy of the no contact This luxury is available for first-time He was sentenced to 18 months of probation and was ordered to pay a $500 fine. In the later part of 2019, Gary Johnson hired Lloyd Horsey to do some trim work on a new construction project. Class D felonies are the least serious felonies in Arkansas, punishable by up to 6 years in prison and a fine of up to $10,000. State statute 27-53-101 reads in part quote, " Any person failing to comply with subsection (a) of this section or with 27-53-103 shall, upon conviction, be deemed guilty of a Class . A pair is facing felony breaking and entering, and theft charges, both class D felonies, after taking appliances and parts from a storage unit. Scoggins claimed that, during the burglary, several items were taken from her house. Claim your free business listing on Superpages. The other driver then decided that he needed to report the accident and reported the accident to the Little Rock Police Department at approximately 5:27 p.m. Code 5-4-201, 5-4-401 (2019).) On 24 January 2022, Simmons submitted paperwork to Geico showing the 13 weeks prior to the accident he worked 5 days a week at the Little Rock Air Force Base, where he was paid $1,310 a week for a total of $17,030. He called the number and spoke to an individual that identified herself as Dennis. Another employee at Advantage 1 Insurance stated that he received a phone call from Kloster sometime during the week starting on 21 June 2020, and that Kloster told him to tell the insurance company that he (Kloster) had come to the office on 20 June to make his payment and that it did not get posted until later because the computer system was down at the time. Ms. Byers was interviewed by AIDCID Investigators. Class D felonies rank among the least serious. An AIDCID Investigator also contacted Home Depot and Tractor Supply and each told him that the paperwork given to Foremost by Cole was not a valid receipt, but just a quote. On 27 April 2020 Johnson called Safeco to report that a tree branch had fallen on her vehicle. On 30 August 2020, Kenneth Normans 2018 Toyota Camry caught on fire. When asked for receipts proving the repairs, Johnson stated that the shop was no longer in business. On 5 October 2022, in the Circuit Court of Washington County (72CR-20-2615-6), Joshua Kloster (30 of Elkins) entered a plea of Guilty to one count of Fraudulent Insurance Acts (Class D Felony). After the fire, Norman filed a claim with Safeco Insurance for the vehicle. Since the policy was new and so close to the time of inception, Crouch was specifically asked if the accident happened after she had taken out the policy or before she had taken out the policy. Some states do allow a convicted felon to clear some felony charges, though. A sales receipt dated 7/20/19 from the Best Buy in Hot Springs was supplied as proof of purchase for two MacBook Pro computers which were claimed as stolen in the burglary. On 16 September 2020, the insurance company received a supplemental repair estimate, requesting an additional $1,502.63 from the body shop. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. life in prison. Damage was found to the front of the GMC and to a road sign belonging to the state. He was sentenced to three years of suspended imposition of sentence (SIS) and was ordered to pay a $1000 fine, plus court costs. How to Post Bail in Arkansas: 5 Things to Know. A class C felony is punishable by 3 to 10 years in prison and a fine of up to $10,000. In a recorded interview conducted on 06 May 2022, Pearson stated that the accident happened after she purchased the policy, hoping that the damage to the other car would be covered. On 10 November 2022, in Ashley County Circuit Court (CR 2022-157), Sy Gunter entered a plea of guilty to one count of Fraudulent Insurance Act. As McGehee could not provide any proof of repairs being made, other than alleging that it had been fixed, McGehee was asked to provide photographs of the truck showing that the damage had been repaired, so that this amount would not be deducted from the claims settlement. Examples of federal crimes include mail fraud, identity theft, and tax evasion. She was ordered to pay a fine of $500 plus court costs of $440. Montgomery and Freeman both provided a date of loss that was after policy inception in the hope to obtain insurance claims funds to which they were not entitled. On 17 October 2022, in the Circuit Court of Jackson County (34CR2022-204), Cornelius Earls (31 of Newport) entered a plea of Guilty to one count of Fraudulent Insurance Acts (Class D Felony). (6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony. Earls provided a fictitious date of loss in the hopes that his claim would be covered. Bartlett explained the same to the insurance company and withdrew her claim. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The claims were for cancer screening she alleged occurred at UAMS Pine Bluff. Montgomery stated that her vehicle was damaged in an accident that occurred on 01 June 2021, when her vehicle was struck in a parking lot by a vehicle being driven by Chelsie Brashear. Evading capture or resisting arrest. on the crime and the felony classification. According to the affidavit for arrest, on Jan. 29, a black Chevrolet pickup with a single axle trailer pulled into Pioneer Storage on Jennings Lane. As part of the claims process, Earls provided photographs of the damage to his car, which he stated he had taken on the 9th of July. Felony, the judge could decide to offer some latitude, especially if youre first! 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