(a) An offense is a misdemeanor if the offense is:
(1) Designated a misdemeanor by the Arkansas Criminal Code;
(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or
(3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.
(b) A misdemeanor is classified as follows:
(1) Class A misdemeanor;
(2) Class B misdemeanor; or
(3) Class C misdemeanor.
(c)
(1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.
(2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.
Structure Arkansas Code
Subtitle 1 - General Provisions
Chapter 1 - General Provisions
§ 5-1-103. Applicability to offenses generally
§ 5-1-104. Territorial applicability
§ 5-1-105. Offenses — Court authority not limited
§ 5-1-109. Statute of limitations
§ 5-1-110. Conduct constituting more than one offense — Prosecution
§ 5-1-111. Burden of proof — Defenses and affirmative defenses — Presumption
§ 5-1-112. Affirmative defense — Former prosecution for same offense
§ 5-1-113. Affirmative defense — Former prosecution for different offense
§ 5-1-114. Affirmative defense — Former prosecution in another jurisdiction
§ 5-1-115. Former prosecutions that are not affirmative defenses