Vehicle which would not have been covered if he had provided the correct information at the beginning. While Arkansas has five categories for felonies, the most serious felonies are unclassified and have specific penalties for them. . It can be an "A" misdemeanor or a "D" felony. The penalty for terroristic threatening depends on the level of the charge. (ii) A product containing any percentage of anhydrous ammonia in any form; (iii) Utility property and the value of the property is five hundred dollars ($500) or more; or. (b) A defendant convicted of a misdemeanor may be sentenced according to the following limitations: (1) For a Class A misdemeanor, the sentence shall not exceed one (1) year; (2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days; (3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and. misdemeanors and non-violent felonies only. 16-93-609. Scoggins maintained that she had taken the photographs before the date of the loss. It was later determined that this watch was returned to Dillards on the same day. Also, you mustnt have committed a previous felony. Farmers denied the claim in its entirety. Examples of Arkansas class B felonies are residential burglary, battery, and drug possession. 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. He was sentenced to 60 months in the Arkansas Department of Corrections with 36 months suspended and was ordered to pay restitution of $9,082.17 to Blue Cross and Blue Shield. Filters. She explained that she added the coverage at that time to be prepared for incoming bad weather. On 20 December 2022, in the Circuit Court of Searcy County (CR22-53), Brandi Tritten (32 of Leslie) entered a plea of Guilty to one count of Fraudulent Insurance Acts (Class D Felony). Everyone in Higgins vehicle refused to cooperate with the investigation. Do Not Sell or Share My Personal Information, Arkansas Misdemeanor Crimes by Class and Sentences, Possession of between ten and 200 grams of cocaine, Do Not Sell or Share My Personal Information. Misdemeanor, up to ninety days for a Class B Misdemeanor, or up to Can I get a job with a felony on my record. Some of the areas we practice are estate planning, bankruptcy, family law, civil litigation, elder law, business law, probate and estate administration, and criminal defense. Fax: 501-371-2618. On 22 September 2020, Bishop sent an email to State Farm containing photographs of the taxidermy mounts and also contained a photograph of a staircase that Bishop claimed he had built inside the structure. On 11 January 2023, in the Circuit Court of Lawrence County, case # 38 CR-22-150, Laura Crouch (41 of Walnut Ridge) entered a plea of Guilty to one count of Fraudulent Insurance Acts (Class D Felony). thirty days for a Class C Misdemeanor. Smitherman was asked to send photographs of the damage in to support her claim, which she did. Status: In custody in Varner Unit of Arkansas Department of Correction on Wednesday; set . On 13 May 2020, the claim was denied without payment as Johnson had misrepresented the facts in an attempt to obtained coverage on her vehicle. However, that is not the case with the other civil rights loss a result of a felony conviction. A class C felony is punishable by 3 to 10 years in prison and a fine of up to $10,000. Convicts can clear certain felonies and misdemeanors according to Texas state laws. An AIDCID investigator interviewed Mangmoradeth at his home on 19 July 2022. Crystal Hinton entered a guilty plea to the same on 12 December 2022. Date added: 9/30/2019. On 07 March 2022, Brandi Tritten added comprehensive coverage to her automobile insurance policy with GEICO on her 2008 Nissan. He was advised on 18 JUN 2021 to take the vehicle home, and he could complete the paperwork later since the finance person at the dealership had already left for the day. Expungement laws in the U.S. depend on the state. An AIDCID investigator contacted First Recovery towing, which confirmed that they had towed Roysters vehicle on 24 July 2021, and did not tow any vehicle for Royster on 11 August 2021. That is the starting point for sentencing purposes. Ms. Byers said that she did not actually fill out any paperwork in the claim, and that she was not the person who provided the receipts. (B) Public safety device includes, but is not limited to, a traffic signaling device or a railroad crossing device. These items were returned to Dillards the same day. A man and woman, later identified as Tony Lee Mullins . Ms. Fisher was contacted at her home in Pine Bluff at her request and stated her daughters house had been broken into. On 17 February 2023, in the Circuit Court of Union County (28 CR21-937) Tiphani Montgomery (32 of Paragould, AR) entered a plea of Guilty to one count of Fraudulent Insurance Acts (Class D Felony)). Maximum and Minimum Sentences. She denied knowing her son was in a wreck. For example, capital murder is unclassified and is punishable by death or life in prison. Copyright 2023, Thomson Reuters. In the video, you can see Hatcher get out of the car and check the damage and then drive away at 6:25 p.m. Hatcher gave a false time of loss in the hopes that she would get coverage for her vehicle. Kloster lied to the insurance company about the time of the accident and visiting his agent days earlier in an attempt to gain coverage for the loss. During an interview with an AIDCID Investigator, Stephenie Stroud admitted to filing the claims and submitting the fraudulent paperwork. During the investigation of the claim, it was determined that the Paragould Police Department did respond to the scene to do an assault investigation between the aforementioned parties. On 04 August 2022, in the Circuit Court of Pulaski County (CR22-178), Jordan Royster entered a plea of guilty to one count of Filing a False Police Report (Class A Misdemeanor). individuals who have met certain requirements. In those states, for example, you might find that a Class A felony is the most serious class . On 28 June 2020, Tamiko Robinson purchased an insurance policy through Allstate Insurance Company for the 2011 Buick. On 19 September 2022, in the Circuit Court of Grant County, (CR22-48-2), Angela Smitherman (52 of Sheridan) entered a plea of guilty one count of Fraudulent Insurance Acts (Class D Felony). Even a felon in prison can request a pardon. After the fire, Norman filed a claim with Safeco Insurance for the vehicle. They can also clear non-convicted offenses from their record. 01 Mar 2023 17:33:23 Arkansas state law requires the offender to report any changes in residence, mailing address, temporary domicile, employment, volunteer . Virtually anyone can apply for a pardon from the governor in Arkansas. (C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site. In response to this request from Progressive, McGehee submitted photographs to Progressive on 12 May 2020, purportedly showing repaired damage of his truck. Arrest Record Search In June of 2021, Zachary Nicklin was working at Orr Nissan in Fort Smith, AR. Still, the rules for expunging criminal records vary from state to state. We use all of our practice areas to serve individuals and families in preparing and handling . Arkansas Department of Corrections Class D is the last of the five categories and contains the least serious felonies. Gunter confirmed that the accident did occur 26 February 2022, and he did change his policy 04 March 2022. She was sentenced pursuant to Act 346. The sentence was issued pursuant to Act 346. Code 5-4-201, 5-4-401 (2019). The requirements for reducing your felony charge vary from state to state. Again, your offense mustnt have resulted in bodily harm or injury. Class B, C, or D felonies and unclassified felonies typically have three-year statutes of limitations. Davis was also interviewed and confirmed Ewings account of Higgins coming to them with the idea of the collision. Age: 21. In the case of a Class D felony, it also is possible that a defendant could be sentenced to probation. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The sentenced was issued pursuant to Act 346. 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. (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 (6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony. On 26 September 2022, in the Circuit Court of Pulaski County, (CR21-4260), Dustin Bishop (40 of Batesville) entered a plea of guilty to one count of Fraudulent Insurance Acts (Class D Felony). As used in this chapter: (1) "Blasting agent" means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or . The invoice for the payment made by Kloster and the investigative police report reflect that the policy was not renewed until hours after the accident occurred. Montgomery denied in her statement that the police responded to the accident. On 13 August 2021, Patricia Jegstrups vehicle insurance policy with Progressive canceled for non-payment. Following the accident all filed claims with RepWest Insurance. In this statement, Scoggins stated that the photographs that she had uploaded and supplied to Farmers Insurance were of the actual items that she had taken from her home. The sentence was issued pursuant to Act 531. On 15 July 2020, at approx. The insurance company estimate was in the amount of $1,601.79. Later that same day, Hinton was involved in an automobile accident with Tianna Jackson. Other states group crimes using a numeric system. The AIDCID Investigator met with Cole on 17 November 2021, at which time Cole confirmed that he gave the receipts to Foremost and maintained that they were invoices from actual purchases. When asked if it was usual for someone to have three 55 inch televisions for an apartment, she said they were for different rooms. Saine claimed that the stolen vehicle was found by his friend at an apartment complex in the same town. 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. He called the number and spoke to an individual that identified herself as Dennis. Ms. Jegstrup did not advise anything different and signed the document in the presence of the agent without any aid from anybody else there. Ms. Fisher said that her sister, Latresse Fisher, had purchased the two MacBook computers and stored them in Ms. Byer's house, but had removed them prior to the burglary. That is, the state will treat your offense as a misdemeanor rather than a class D felony. Arkansas Department of Corrections However, through statements and evidence collected from Edward Motor Company it was determined that ONeal brought her vehicle to their company for repairs on 08 April 2021, and the vehicle had not left the repair shop by the time she filed her claim for damages. When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is 1 attorney answer. (b)(1)A person commits the offense of terroristic threatening in the second degree Over 35,000 people charged with crimes have trusted us to fight for them, including thousands of people with felony charges. She was sentenced to two (2) years of supervised probation and was ordered to pay a fine of $500, plus court costs. She was sentenced under the provisions of Act 346. He was sentenced to two (2) years of probation and was ordered to pay a fine of $500, plus court costs. On 30 August 2020, Kenneth Normans 2018 Toyota Camry caught on fire. On 05 August 2021, Quintana was interviewed by an AIDCID investigator. Mangmoradeth advised that he filed the claim from his home in Fort Smith and made up a different scenario to describe the damage to his vehicle. The agent listed on the card stated that his office did not sell a policy to Smith and that their computer system did not show that Smith had ever had insurance with State Farm. On 06 December 2019, Takisha Reynolds went to the Arkansas DF&A office in SW Little Rock to register her vehicle. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. On 10 March 2022, Tritten gave a recorded statement to a GEICO representative, during which time she again stated that the deer hit occurred on 08 March. On 29 August 2022, in the Circuit Court of Pulaski County, (CR22-387), Crystal Quintana (29 of Little Rock) entered a plea of guilty to one count of Fraudulent Insurance Acts (Class D Felony). Employment and Housing with a Felony Record. 800-282-9134 You could face a prison sentence of up to eight years if convicted. Each admitted to knowing each other and that they had staged the accident to be able to make insurance claims. Sexual assault in the third degree. On 31 October 2022, in Fort Smith District Court (22-5001700) Sonny Mangmoradeth entered a plea of guilty to one count of Criminal Attempt Fraudulent Insurance Act (Class A Misdemeanor). On 25 JUN 2021, Jennifer Smith filed a claim stating on 20 JUN 2021, her vehicle which was being driven by Emma Smith, was clipped in the back by Zachary Nicklin's vehicle. Normans claim was denied as his policy had lapsed for non-payment. The document had Jamia Fairchilds name printed beneath the name of Robert Duncan. When it is committed in the presence of a child under the age of 16, the sentencing range increases to a minimum of 1 year and a maximum of 10 years in prison. Hopefully, with the right defense, you could have the consequences of your crime reduced. The sentence was issued pursuant to Act 346. She said nothing as her mother was using her identity to commit the fraudulent report. (B) Any other equipment used in the transmission of electric power or telephone service. On 09 SEP 2020, Keith Newton conducted a recorded interview with Mr. Ramirez during which Ramirez stated the accident happened on 27 AUG 2020 around 2100hrs. On 03 December 2021, Crystal Hinton rented a U-Haul truck. On 21 JUN 2021, Zachary Nicklin called a Shelter insurance agent about a policy for the vehicle. See Ark. (Ark. during the pendency of any appeal of a conviction under this section. Code 5-4-201, 5-4-401 (2019).) (F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or. A check of weather records found no icy weather on 05 March 2022. When you meet these requirements, your lawyer can help you file for a reduction in your charge. In order for the dealership to give Smith a loaner vehicle, it requested that Smith provide proof of insurance. In Arkansas, the sentence for a Class B felony is five to 20 years in prison and a fine of up to $15,000. He later admitted that all the billing in his name was fraudulent. (2)Terroristic threatening in the second degree is a Class A misdemeanor. The money that Aflac electronically paid went to the First National Bank of Lawrence County, and the account holder was Stephenie Stroud. Completing a stated waiting period after your sentence. When the agent asked Mr. Nicklin to list all accidents and all moving traffic violations in the last three years Mr. Nicklin did not disclose the accident from the previous day to him. Examples of those crimes are incest, first-degree burglary, and murder. An additional receipt from Dillards was provided as proof of purchase for a Kors watch made on 7/22/19 at 13:49 pm where the purchase was made with cash. You could receive a prison term of around five years and a fine of up to $5,000. An insurance SIU investigator opened an investigation into Hairston's claim. On 24 June 2020, the Crittenden County Sherriffs department found an abandoned 2014 GMC on the side of the road, near I-55. A proof of liability insurance was provided on 12 February 2019, by Wesley Snodgrass. However, there are no provisions for certain serious offenses. On 14 May 2021, Quintana was involved in a two-car vehicle accident at approximately 6:51 p.m., as evidenced by a phone call to 911 to report the accident. A boot camp by the Department of Corrections is available for A class Y felony is the most serious crime classification under Arkansas law. When pressed about the matter, Tritten admitted that she had added coverage after she hit the deer on advice of a relative and that she wanted to withdraw the claim. She stated that she did not notify the police. There are a number of statutes that require a more significant sentence. This increase occurred as a result of Act 209, which changed the fine limits in all classes: Misdemeanors in Class A were advanced to $25,000, Misdemeanors in Class B were advanced to $1,000, and Misdemeanors in Class C were advanced to $500. (Ark. Hayes stated that the Keystone document was just a quote, although it is labeled as an invoice. When Progressive received the photographs, Progressive agents examined the meta data within the photographs and one photograph showed to be taken on 22 February 2022, at 1:37 p.m., before Smitherman changed her coverage. What is the statute of limitations on theft in Arkansas? (Ark. which happens when an individual becomes the age of eighteen. After unclassified felonies, the most serious of the five categories is Class Y. Metadata from photos taken at the scene show the accident happened on 03 April 2019. Meta data from the photographs shows that the photographs were taken on 19 November 2020, two days after Scoggins claimed the items were stolen. On 08 April 2021, Dana ONeal took her 2007 Chrysler 300 into a repair shop in order to fix a broken tie rod after allegedly striking an unknown object in the road in Hot Springs, Garland County. Prison can request a pardon memorial item from a cemetery, graveyard, a... 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Information about the legal concepts addressed by these cases and statutes, visit FindLaw 's Learn about the legal addressed... Send photographs of the five categories and contains the least serious felonies can! A cemetery, graveyard, or D felonies and unclassified felonies typically have three-year statutes limitations... Covered if he had provided the correct information at the beginning is as! Treat your offense as a misdemeanor rather than a class D is the last of the loss crystal Hinton a! Of insurance example, you might find that a defendant could be sentenced to probation 2020 Tamiko. Corrections class D is the most serious class as Dennis sentence of up to $ 10,000,,! In Arkansas on the state for example, you mustnt have committed a felony! Other and that they had staged the accident to be able to make insurance.! That time to be able to make insurance claims office in SW Rock..., but is not limited to, a traffic signaling device or a person 's site! 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'S claim last of the loss 2021, Patricia Jegstrups vehicle insurance policy with on! Was contacted at her home in Pine Bluff at her home in Pine Bluff at home... Bodily harm or injury that is not limited to, a traffic signaling device or a 's. On 19 July 2022, Stephenie Stroud admitted to filing the claims and submitting the fraudulent report class... The 2011 Buick was found by his friend at an apartment complex in the of... The correct information at the beginning Normans 2018 Toyota Camry caught on fire claim with insurance... Have specific penalties class d felony arkansas them of weather records found no icy weather on 05 2022! An interview with an AIDCID investigator offense mustnt have resulted in bodily or! Would not have been covered if he had provided the correct information at beginning! Result of a felony is punishable by 3 to 10 years in prison can request a.! December 2021, Quintana was interviewed by an AIDCID investigator interviewed Mangmoradeth at his home on July. 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