Benton Felony Defense Lawyer

A felony conviction in Benton comes with the possibility of jail or prison time, heavy fines, and a criminal record that could have long-lasting consequences for your personal and professional life. One way you can reduce the penalties you are facing is by hiring a Benton felony defense lawyer who can review your case and work to get your side of the story across.

Common Crimes That Can Lead to a Felony Charge in Benton

Felony charges are reserved for people who are alleged to have committed a serious criminal offense. Often, these charges are tied to acts of physical violence and wanton disregard for the safety of others. Sometimes, those are automatic felonies, while others can become felonies when aggravating factors (like the use of a deadly weapon) are present.

Many violent acts like murder, rape, aggravated assault, and human trafficking are prosecuted as felonies in Benton. When a crime leads to someone’s death or serious bodily harm, the defendant will likely face felony charges.

Some non-violent crimes can be charged as felonies. These include certain white-collar crimes like extortion. Child pornography laws can lead to felony charges for anyone in possession of child pornography.

Property crimes can also be prosecuted as felonies if the property’s value is high enough. These types of crimes include grand theft auto, burglary, arson, and white-collar crimes like embezzlement and securities fraud.

Penalties for Felonies in Benton

In Arkansas, felony classifications determine the severity of penalties. Class A are the most serious, while Class D felonies result in relatively minor sentencing.

• Class A felonies carry sentences of six to 30 years in prison and fines of up to $15,000.
• Class B felonies are punishable by five to 20 years in prison and fines of up to $15,000.
• Class C felonies result in sentences of three to 10 years in prison and fines up to $10,000.
• Class D felonies can lead to up to six years in prison and fines of up to $10,000.

What Do I Do After I’m Arrested?

After you are arrested in Benton, it is important to remain polite and cooperative with the police. You can provide basic information like your name and address, but you do not have to provide answers about the alleged crime. Doing so could lead to self-incrimination, which could weaken your criminal defense.

If you are taken to jail for processing, do not discuss the criminal charges with anyone. The right to remain silent is a constitutionally protected right afforded to anyone facing criminal charges. Even if you did not commit a crime, the proper venue for making those arguments is in court, not with police or jailers.

As soon as you are able to do so, contact a qualified criminal defense attorney so they can begin preparing for your defense. Follow the advice of your attorney carefully. Keep a record of the arrest details, including officers’ names and badge numbers and any interactions. Attend all scheduled court appearances and follow the court’s instructions.

Benefits of Hiring a Benton Criminal Defense Attorney

Any felony is a serious criminal charge that could lead to a prison sentence if you are found guilty. A criminal defense attorney understands how to protect the rights of their clients. Criminal defense attorneys have a deep understanding of how the state’s criminal laws work.

Depending on the facts of your case, your attorney may be able to question the prosecution’s case and assumptions. Your attorney may be able to use evidence to show that no crime was committed. Even if there was an act that could constitute illegal behavior, the state often has to show that the defendant acted with criminal intent.

Due to your defense attorney’s efforts, prosecutors may choose to drop charges, reduce the charges to a lesser offense, or offer a favorable plea bargain offer. Any steps that lower the penalties that you are facing can bring you one step closer to putting the entire ordeal behind you.

Without an attorney, you may be pressured into taking an agreement that is not favorable to you. You may also end up being convicted of a crime you did not commit.

FAQs

Q: Can a Class D Felony Be Reduced to a Misdemeanor in Arkansas?

A: Under certain circumstances, prosecutors may reduce your Class D felony to a misdemeanor. This can happen through plea negotiations or through a process known as downgrading the charge.

When prosecutors are faced with new exculpatory evidence, a lesser charge may be more appropriate. Consulting with a knowledgeable criminal defense attorney is crucial to understanding the options available in your specific case.

Q: Do Defense Attorneys Defend People They Know Are Guilty?

A: Criminal defense attorneys can and do defend clients who may privately admit guilt. The burden of proving guilt is on the state, and the scales of justice are better balanced when the accused are presumed to be innocent until prosecutors prove otherwise beyond a reasonable doubt.

Whether or not you believe you committed a crime, you have the right to an attorney who will take steps to defend you from criminal accusations.

Q: Is It the Defense Attorney’s Job to Prove the Defendant Is Not Guilty?

A: The defense attorney will attempt to prove that the defendant is not guilty. However, the burden of proof to prove that a defendant committed a crime falls on the prosecution. A defendant is presumed to be innocent until a jury or judge finds them to be guilty. If there is any reasonable doubt of the defendant’s guilt, they should not be convicted.

Q: What Is the Cost of a Criminal Defense Attorney?

A: The cost of any criminal defense attorney is determined by a number of factors, like the local market conditions, their reputation, and their level of experience. Criminal defense attorneys generally charge by the hour or on a flat fee basis. Lawyers who have more experience successfully defending clients generally charge more than attorneys who are less experienced.

Q: Do I Still Need an Attorney if I’m Innocent?

A: You still need an attorney if you are innocent. Proving innocence can be more complicated than you think. Evidence must be collected and submitted in a specific manner, and certain motions must be filed to call for a case to be dismissed.

Even when the evidence favors your innocence, having a lawyer who has a professional relationship with the judge and prosecutors can help in the process of having your charges dropped.

Schedule Your Felony Defense Consultation Today

If you were recently arrested for committing a felony, you may feel like you have limited options. The criminal justice system in Benton can be intimidating, but with the right criminal defense attorney, you can question the assumptions made by prosecutors.

The attorneys at Lemley Law Partners have helped many clients achieve favorable outcomes in their felony criminal cases. Knowing that you are no longer facing the worst-case scenario can bring a semblance of peace of mind during a stressful ordeal. We’re here to help. Contact our office today to schedule your criminal defense consultation.