Criminal Law

Criminal Law and Appeals

In Saline County and Central Arkansas

Jensen Young & Butler, PLLC Defend your Rights

Jensen Young & Butler, PLLC offers legal representation for clients involved in criminal defense cases, both at the trial and appellate levels. With our extensive combined legal experience of over 30 years, we have established ourselves as one of the leading choices among criminal defense attorneys in central Arkansas. Our expertise lies in effectively navigating intricate legal frameworks. When confronted with an imperfect case presented by the prosecutor, we skillfully identify its flaws and strategically utilize them to your advantage.

Quality Attorneys Matter if you Get Arrested

Being arrested is a profoundly significant matter, as a conviction, no matter how minor the offense, can have enduring consequences throughout your life. It is imperative to be well-informed about your rights. Upon being arrested, you possess the right to remain silent and the right to legal representation. It is advisable to exercise the latter by requesting the presence of an attorney. By refraining from engaging in conversations with law enforcement officers, you minimize the risk of inadvertently providing them with information that could be used against you in building a case. Your optimal course of action is to promptly request the assistance of a local criminal defense lawyer and patiently await their arrival.

Arkansas Criminal Defense Law

A conviction, no matter how minor the offense, can have lasting consequences throughout your lifetime. To safeguard your rights, it is imperative to seek the representation of a proficient criminal defense lawyer. Our firm boasts extensive experience in handling a wide spectrum of criminal cases, ranging from felonies, homicide and murder, assault/domestic violence and battery, drug crimes, criminal DUI and DWI, sex crimes, to crimes committed by juveniles. Our unwavering commitment is to provide unwavering defense for individuals facing criminal charges.


Misdemeanors in Arkansas

Misdemeanors are generally regarded as less severe offenses with lighter penalties compared to felonies. In Arkansas, misdemeanors are classified into four categories:


Class A Misdemeanor: Carries a maximum sentence of one year and a maximum fine of $2,500.

Class B Misdemeanor: Carries a maximum sentence of 90 days and a maximum fine of $1,000.

Class C Misdemeanor: Carries a maximum sentence of 30 days and a maximum fine of $500.

Unclassified misdemeanor: Sentence and fine limitations are determined by the specific criminal statute.


If a criminal statute designates a crime as a misdemeanor without specifying sentencing restrictions, it is presumed to be a Class A misdemeanor. Furthermore, certain misdemeanor offenses, such as DUI-related charges, may lead to additional penalties such as driver's license suspension.


While many misdemeanors entail minimal jail time, certain circumstances such as the location of the crime or the characteristics of the victim, such as age, can elevate misdemeanors to serious felony offenses. Skilled criminal defense attorneys can collaborate with prosecutors to mitigate your charges and pursue a more favorable outcome.

Felonies in Arkansas

Felony offenses involve more serious crimes and carry more severe penalties. In Arkansas, there are six categories of felonies:


Class Y Felony: Carries a minimum sentence of ten years, with a maximum of 40 years to life. Examples include murder, rape, arson, and kidnapping.

Class A Felony: Carries a minimum sentence of six years, with a maximum of 30 years. Offenses such as aggravated robbery, human trafficking, and certain sex and drug crimes fall under this category.

Class B Felony: Carries a minimum sentence of five years, with a maximum of 20 years. Crimes like burglary, theft of property, and forgery are included.

Class C Felony: Carries a minimum sentence of three years, with a maximum of ten years. Common offenses include receiving stolen property, vandalism, failure to appear, financial identity fraud, and witness intimidation.

Class D Felony: Carries a maximum sentence of six years. Examples include aggravated assault, breaking and entering, cruelty to animals, and defacing a firearm.

Unclassified felony: The sentence and fine limitations are determined by the specific criminal statute.


If a criminal statute designates a crime as a felony without specifying the sentence or classification, it is presumed to be a Class D felony. Class A and Class B felonies carry a maximum fine of $15,000, while Class C and Class D felonies carry a maximum fine of $10,000.


Due to the wide range of crimes within each felony class, Arkansas sentencing laws provide various jail sentences and fines. The penalties in your case are influenced by the circumstances of the crime and your criminal history. It is crucial to have experienced Arkansas criminal defense lawyers advocating on your behalf, as both prosecutors and judges have some discretion in recommending and imposing sentences.


The statute of limitations, which defines the timeframe for prosecutors to file criminal charges, varies for each class of felony. There is no limit for murder charges, while the statute of limitations for rape is 15 years. Class Y and Class A felonies must be prosecuted within six years of the crime, while Class B, C, D, and unclassified felonies have a three-year timeframe. For fraud or breach of fiduciary duty felonies, prosecutors have one year to bring charges.

Assault, Battery, & Domestic Violence

At Jensen Young & Butler, PLLC, we understand that individuals who are charged with violent crimes may be good people caught in unfortunate situations. Altercations that start as verbal disputes at local bars can quickly escalate, or in the heat of the moment, an angry spouse may falsely claim abuse. Regardless of the circumstances, the crucial step towards moving forward in your life is to retain the services of an experienced defense attorney in central Arkansas. We at Jensen Young & Butler, PLLC are well-aware of the complexities surrounding violent crime cases, and we are here to provide you with the knowledgeable and skilled representation you need.

Arkansas Assault Laws

Assault and battery are distinct offenses under Arkansas law, each with its own legal implications. Assault is categorized into three degrees based on the seriousness of the conduct, while aggravated assault is considered a felony offense. Except for aggravated assault, all other assault crimes are treated as misdemeanors.


The charge of assault in the first degree can be brought against an individual who:


  • Recklessly engages in conduct that poses a significant risk of death or severe physical harm to another person.
  • Intentionally impedes or obstructs the breathing or blood circulation of another person by applying pressure to their throat or neck, or by blocking their nose or mouth.
  • Second-degree assault charges can arise when an individual recklessly engages in conduct that poses a substantial risk of physical injury to another person. On the other hand, assault in the third degree occurs when an individual purposefully creates fear of imminent physical harm in another person.


Aggravated assault charges may be filed under the following circumstances:


  • Acting with a complete disregard for the value of human life.
  • Engaging in conduct that presents a high risk of danger or physical injury to another person.
  • Displaying a firearm in a manner that significantly increases the risk of danger or physical harm to another person.
  • Restricting a person's ability to breathe by obstructing their airways.
  • Obstructing the blood flow of a person by applying pressure to their neck.


It is essential to understand the specific elements and potential consequences associated with assault offenses. If you find yourself facing assault charges, it is advisable to seek the guidance of a qualified legal professional who can provide you with effective representation and help safeguard your rights.

Arkansas Battery Laws

Battery under Arkansas criminal law is distinguished by the intentional, rather than reckless, causing of injury, making it a more serious offense with significant consequences.


Battery in the first degree and battery in the second degree are both classified as felonies, carrying potential sentences of 5 to 20 years of imprisonment and fines of up to $15,000. The most severe battery cases involve intentional infliction of serious injuries, use of weapons, commission of a felony, or harm to vulnerable members of society such as children and pregnant women. Instances that may lead to a charge of battery in the first degree include:


  • Causing serious physical injury to any person with the intent to inflict such harm, using a deadly weapon.
  • Inflicting injuries with the intent to seriously and permanently disfigure, destroy, amputate, or permanently disable a body part or organ of another person.
  • Causing serious physical injury to another person while engaging in or conspiring to commit a felony, demonstrating extreme indifference to the value of human life.
  • Inflicting serious physical injury to an unborn child or a pregnant woman with the intent to cause harm.
  • Knowingly causing serious physical injury to a person who is twelve years of age or younger without legal justification.
  • Using a firearm to cause physical injury to another person with the intent to harm.



These examples illustrate the gravity of battery offenses and the potential legal consequences involved. If you are facing charges related to battery, it is crucial to seek the assistance of a skilled attorney who can provide expert guidance and effective representation in protecting your rights.

Drug Crimes

Drug crimes encompass a broad spectrum of offenses, and the associated penalties can vary significantly, ranging from short jail terms to life imprisonment. To illustrate, the possession of a small quantity of marijuana, specifically less than 4 ounces, constitutes a class A misdemeanor, carrying a maximum punishment of one year in jail and a fine of up to $2,500. However, if an individual is apprehended with over 1 ounce of marijuana and possesses two prior convictions for possession, they could face up to six years of incarceration and a $10,000 fine.


The aforementioned example highlights several factors typically considered when determining the potential consequences for drug-related offenses in Arkansas:


  • Nature of the offense: The severity of penalties is influenced by whether the crime involves drug possession, distribution, or trafficking. Greater penalties are imposed for offenses related to drug distribution or trafficking compared to simple possession.


  • Prior criminal record: Individuals with previous drug crime convictions may be ineligible for alternative sentencing options and may face enhanced penalties upon subsequent convictions. Repeat offenses can lead to more severe consequences.


  • Use of weapons: Possessing a firearm or other deadly weapons in connection with a drug crime often results in heightened penalties. Such circumstances can even lead to mandatory minimum sentences being imposed.


  • Type and quantity of the drug: Arkansas classifies controlled substances into different schedules based on factors such as potential for abuse and danger. Schedule I substances, considered the most hazardous, are subject to the most severe penalties upon conviction.


It is crucial to recognize the various elements that impact the potential outcomes of drug crime cases. Seeking the assistance of a knowledgeable attorney with experience in Arkansas drug laws can greatly aid in navigating the complexities of your specific situation and protecting your rights.

Handling a Variety of Drug Crimes

Depending on the details surrounding your arrest, the prosecution has the authority to levy a range of charges against you. The classification of these charges as either misdemeanors or felonies can significantly impact the handling of your case. Potential charges encompass the following:


  • Possession of a controlled substance
  • Possession with intent to distribute or sell
  • Offenses involving narcotics and weapons
  • Offenses related to prescription medication
  • Juvenile drug offenses
  • Delivery and manufacture of a controlled substance


Understanding the specific charges you are facing is crucial, as it allows for a comprehensive approach to your legal defense. By enlisting the support of a seasoned attorney experienced in drug-related cases, you can navigate the intricacies of the legal process and work towards the best possible outcome for your situation.

Arkansas Drug Possession Laws

Drug possession constitutes one of the most prevalent drug offenses. In order to establish a possession charge under Arkansas criminal law, three essential elements must be proven:


  • The defendant had physical possession or control over a specific substance.
  • The substance in question falls under the classification of a "controlled substance" as defined by Arkansas law.
  • The defendant possessed knowledge of the presence of the substance.


The concept of "possession" entails having personal authority, ownership, management, or control over the item in question. It is important to note that law enforcement is not required to discover the drugs directly on your person, such as within your pocket, to establish possession. The principle of "constructive possession" allows prosecutors to pursue a possession charge if drugs are discovered, for instance, in your glove compartment or school locker.

Criminal DUI/DWI

Call an Attorney as Soon as Possible

If you find yourself being pulled over for impaired driving, the actions you take in the immediate aftermath can significantly impact your future. It is crucial to recognize that Arkansas has stringent laws in place, which can result in substantial fines, driver's license suspension, and potential incarceration. When you observe flashing lights in your rearview mirror, promptly and safely pull over to the side of the road. Maintain composure and demonstrate respect towards law enforcement officers. Should they request your license and vehicle registration, promptly and calmly provide the requested documents.


In the event that you are asked to undergo a chemical test and choose to refuse, it is important to note that Arkansas operates under an implied consent law. This implies that refusal to comply with the test will lead to a six-month license revocation for a first offense, two years for a second offense, and three years for a third offense. The test results will be addressed by an Arkansas criminal defense lawyer at a later stage. It is crucial to bear in mind that operating or having actual physical control of a motor vehicle while intoxicated is illegal and carries penalties as stipulated by Ark. Code Ann. § 5-65-103.


When it comes to DWI cases, it is unlikely that the prosecutor will dismiss your charges. Arkansas law explicitly prohibits the reduction of a DWI to a lesser offense, even by the judge. However, in the case of multiple offenses, a DWI charge (e.g., DWI - 2nd offense) may potentially be reduced to a lesser DWI charge (e.g., DWI - 1st offense). For personalized guidance based on your specific circumstances, we encourage you to reach out to our offices.


What to do if You are Arrested

If you find yourself being arrested by the police, it is crucial to remain composed and cooperate. Request to speak with a DUI attorney based in central Arkansas and patiently await their arrival. At Jensen Young & Butler, PLLC, we specialize in assisting individuals who have been arrested for drunk driving. With over 20 years of collective experience, our attorneys have successfully aided numerous clients in similar situations. We are dedicated to safeguarding your best interests, upholding your rights, and providing comprehensive guidance throughout the entire legal process. Our utmost priority is to diligently work towards avoiding a conviction, as the penalties in Arkansas can be severe, including for first, second, and third convictions.

First Conviction

  • One day to one year in jail or public service
  • Seven days to one year in jail or public service if a child under 16 was in the vehicle
  • $150 – $1,000 in fines
  • Six-month license suspension
  • Ignition interlock device
  • Alcohol education or treatment program
  • Attendance at victim impact panel

Second Conviction

Within 5 Years


  • Seven days to one year in jail
  • 30 days to one year in jail if a child under 16 was in the vehicle
  • $400 – $3,000 in fines
  • 24-month license suspension
  • Possible installation of ignition interlock device after 45 days of suspension
  • Alcohol education or treatment program
  • Attendance at a victim impact panel

Third Conviction

Within 5 Years


  • 90 days to one year in jail
  • 120 days to one year in jail if a child under 16 was in the vehicle
  • $900 – $5,000 in fines
  • 30-month license suspension
  • Possible installation of ignition interlock device after one year
  • Minimum 90 days community service
  • Minimum 120 days community service if a child under 16 was in the vehicle
  • Alcohol education or treatment program
  • Attendance at a victim impact panel

Sex Crimes in Arkansas

If you find yourself facing charges of a sex crime in Arkansas, it is imperative to secure the services of a seasoned attorney who possesses a profound comprehension of the law and its application to your specific case. At Jensen Young & Butler, PLLC, our team of criminal defense lawyers specializes in navigating the intricate and grave nature of sex offense charges. Regardless of whether you are accused of indecent exposure or statutory rape, we exert utmost effort to scrutinize the evidence presented against you and strive to mitigate the dire ramifications of a conviction.

Common Sex Crimes Cases

The Arkansas criminal code encompasses a diverse range of offenses that fall under the category of sex crimes. At our law firm, we are prepared to mount a robust defense against various accusations, including:


Rape — The act of compelling someone to engage in sexual intercourse against their will constitutes rape. Statutory rape involves consensual sex where one participant is below the age of consent.


Indecent exposure — Exposing one's genitals or breasts in public is considered a criminal offense. Consequently, pranks or dares involving streaking or flashing can lead to charges.


Internet sex crimes — These offenses encompass both newly emerging crimes and traditional offenses prosecuted in novel ways. Examples include solicitation of a minor, distribution of pornography, and child exploitation.


Child pornography — Defined by broad federal legislation, child pornography encompasses any visual depiction (e.g., film, video, picture) portraying a minor engaging in sexually explicit conduct or creating the appearance of such conduct involving a minor.


Human trafficking — This crime involves unlawfully detaining an individual against their will and engaging in activities such as transportation, movement, or sale for financial gain. Victims of human trafficking are often brought into the country illegally, and among them are teenagers and children.


Our legal team is well-versed in handling these intricate cases, utilizing comprehensive knowledge and strategic defenses to protect your rights and challenge the evidence against you.

Sex Offender Registration

Registering as a sex offender is a lifelong consequence that subjects individuals to ongoing public scrutiny. In Arkansas, along with potential imprisonment, the majority of sex crime convictions entail the obligation to register as a sex offender. Failure to comply with registration requirements may lead to additional felony charges. Under Arkansas's sex offender law, individuals classified as posing the highest level of risk (Level 3 and Level 4) must have their information disclosed to the public through an online database.


Defending Sex Crimes in Arkansas


Regrettably, false allegations regarding sexual offenses are not uncommon, scientific evidence can be fallible, and physical evidence may not always reflect the true circumstances. Only a seasoned criminal defense attorney in Arkansas possesses the expertise to identify pertinent factors and skillfully utilize them to your benefit. Our primary objective is to safeguard your rights and vigorously advocate for the most favorable resolution on your behalf.



Crimes By Juveniles 

The Best Interest of the Children

Our team of juvenile law attorneys is deeply dedicated to the welfare and safeguarding of children. When minors face criminal charges, we employ every available measure to prevent their placement in juvenile detention and ensure the preservation of their clean records. Moreover, if you are confronted with allegations of mistreatment towards your child, we assist you in uncovering the truth and navigating the legal process accordingly.

When Your Child Has Been Taken Away From You

Accusations of child abuse or neglect carry significant weight within the legal framework of Arkansas. Once an allegation is made, the Department of Human Services initiates an investigation that may result in the removal of your children from your care. The process of reuniting with your children can be protracted, but the guidance of a skilled juvenile law lawyer can be invaluable. If your children have been placed under protective custody due to allegations of physical, emotional, or sexual abuse, neglect, or substance abuse, it is crucial to promptly secure legal representation.


At Jensen Young & Butler, PLLC, we specialize in representing parents whose children have been separated from them. Drawing upon over 30 years of combined experience, our firm possesses the expertise and knowledge necessary to navigate these complex cases. False accusations of this nature frequently arise during divorce proceedings and child custody disputes. As seasoned divorce attorneys, we are well-versed in addressing such situations and safeguarding both you and your children from unfounded claims.


Kids in Trouble Deserve Adequate Representation

Childhood is a crucial period of growth, where learning and occasional missteps often go hand in hand. While some mistakes may have legal ramifications, it is essential to ensure that a young life is not permanently marred by a single error. Local juvenile law attorneys dedicate themselves to safeguarding the future of children, exploring avenues that can shield them from the detrimental consequences of their actions. Through collaborative efforts with prosecutors, judges, probation officers, social workers, and law enforcement, Jensen Young & Butler, PLLC strives to divert young individuals away from the criminal court system, thereby providing them with a renewed opportunity for a clean slate.


Our firm actively engages with parents, educators, and members of the legal community to guide wayward youth back onto the right path. With seasoned criminal defense attorneys at the helm, we possess the expertise required to effectively assist juveniles who find themselves entangled in legal complexities.

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