this Section. Notwithstanding, theyre still felonies and carry strict punishments. (Ark. The driver of the first vehicle was James Copeland. She was sentenced to one year of probation and was ordered to pay a $500 fine plus court costs. On 05 March 2020, Portia Johnson obtained an automobile policy with Safeco Insurance for the 2010 GMC. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Arkansas Title 5. The claim was denied and no payments were made. (b)(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property . Ms. Byers was asked by investigators what her role was in this scheme, and what she was supposed to gain by her participation. Youll need to meet specific requirements to be able to clear your criminal history. On 24 June 2020, the Crittenden County Sherriffs department found an abandoned 2014 GMC on the side of the road, near I-55. exceed fifteen thousand dollars. 5-4-104). The investigator was able to locate a Malvern Police Report where Hairston's vehicle was damaged in an accident on 14 May 2021, (22 days before she took out her policy) wherein her son was driving. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Following the accident all filed claims with RepWest Insurance. misdemeanors and non-violent felonies only. Before anything on the claim could be paid out, Foremost asked for proof of purchase for the lawn mowers. Gender: M. Race: Black or African American. On 30 August 2020, Kenneth Normans 2018 Toyota Camry caught on fire. In Wisconsin, you could spend up to 25 years in prison for a class D felony. 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. There is a 6-year limit for Class Y and . Simple possession of drugs, aggravated assault, and terroristic threatening are examples of class D felonies. On 03 April 2019, Sandra Jackson was in an auto accident and did not have insurance. She then again admitted to adding the coverage after the deer hit in the hopes of getting paid on a claim. Theyre also able to remove first time and non-convicted offenses. An AIDCID investigator contacted Ms. Jegstrups insurance agent. She was sentenced to two (2) years Suspended Imposition of Sentence (SIS), and was ordered to pay a fine of $500, plus court costs. Crouch stated that the accident happened after she had taken out the policy. Class A felony This carries a minimum sentence of six years, but no more than 30 years. Progressive Insurance stated that this policy was cancelled as no payments were received. He was sentenced under the provisions or Act 346. He was sentenced to 60 months of probation and ordered to pay a $1,000 fine plus court costs. Also, you can erase prostitution and drug-related convictions. Class C Felonies can have imprisonments up to ten years or as low as Completing a stated waiting period after your sentence. It can be an "A" misdemeanor or a "D" felony. Code 5-4-201, 5-4-401 (2019). Cultivating or selling marijuana is one of the crimes under class D felonies in Kentucky. On 26 August 2022, in Pulaski County Circuit Court (CR 21-3836), Jamia Fairchild entered a plea of guilty to one count of Attempted Fraudulent Insurance Act (Class A Misdemeanor) and was sentenced to one year suspended imposition of sentence (SIS), and ordered to pay a $500 fine, plus court costs. Bartlett explained the same to the insurance company and withdrew her claim. Misdemeanor, up to ninety days for a Class B Misdemeanor, or up to Theft of property worth $5,000 to $25,000 is a Class C felony. The types show the severity of each offense. Hancock reported to Progressive that he and his wife had an accident on 13 June, when he tried to avoid a deer. (1) Upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the penalty for theft of property is enhanced if the property is: (ix) Any other facility or use providing a vital service; or. Mangmoradeth admitted to purchasing a policy and filing a claim with Bristol West after his collision claim with State Farm was denied. The same is true with landlords, in part because of the concern of civil liability in the event a tenant with a criminal record commits a crime and the victim sues, contending the landlord took an unreasonable risk in hiring a convicted felon. As the policy was so new, a representative investigated the claim and took a recorded statement from Wilkinson on March 14. Trexis Insurance did not cover the damage to the vehicle because of the uninsured driver, but would have if the driver had been Rodriguez. When confronted with this evidence, Hancock confessed that the damage occurred before the policy was taken out and he lied in an attempt to get coverage for the loss. She later filed a claim with Progressive alleging damage to her vehicle. She was also ordered to pay restitution in the amount of $345 at $50 per month. 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. (ii)Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. If you have been charged with a felony in the state of Arkansas, you should contact an experienced criminal defense lawyer as soon as possible. On 22 August 2022, in the Circuit Court of Faulkner County (CR22-185), Janel Hatcher entered a plea of guilty to one count of Fraudulent Insurance Acts (Class D Felony). Lloyd Horsey did have a policy with State Auto Property & Casualty in the past, however, the policy had not been good since 2006. Terroristic threatening - last updated January 01, 2020 . Class D is the last of the five categories and contains the least serious felonies. So rather than A to D, youll have one to four. Neither Home Depot nor Tractor Supply had any record of a sale for either referenced mower. Again, in Michigan, class D felonies attract a prison sentence of up to 10 years. Henrys insurance company agreed to pay for the repairs to Greens car and completed an estimate on the car that Green could take to the body shop of her choice. Higgins alleged to have three passengers in his vehicle, including his six-year-old son, Javylan Higgins. Felonies more often carry jail time as punishment that vary depending You have to go through a legal process and . On 9 February 2022, Bartlett contacted Chief Bolin at the Hartford Police and asked him to change the time on the report. Other states may have a longer or shorter period, depending on state laws. Get free summaries of new opinions delivered to your inbox! Felonies in the state of Arkansas carry high fines, which vary according to each felony class. 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. Florida state laws have provisions for clearing certain criminal offenses after a ten-year waiting period. thirty years in prison but no less than six years of incarceration. An accident occurred on the 29th of December 2018 in Little Rock with a U-Haul rental truck and a 1999 Ford Bronco. It is possible to have some non-violent felonies expunged if you are under the age of 18, but those situations are quite limited. During the claims process, Pearson provided false information to the insurance company in the hopes of obtaining coverage. A Class D felony in Arkansas is punishable by up to six years in prison and a fine of up to $10000. Felonies in the state of Arkansas carry high fines, which vary That afternoon she was involved in a collision in Fayetteville where she rear-ended another vehicle, driven by Richard Higgins, and Higgins vehicle was pushed into another vehicle, driven by Marie Cannady. On about 2 September 2020, Norman applied for an automobile policy with Progressive Insurance for the same 2018 Toyota Camry. On 07 December 2022, in Pulaski County Circuit Court (CR 21-2175) Samoan Watkins entered a plea of guilty to one count of Criminal Attempt, Fraudulent Insurance Act (Class A Misdemeanor). Aggravated assault is an example of a Class D felony. She was sentenced to one (1) year of Suspended Imposition of Sentence (SIS), and was ordered to pay a fine of $500, plus court costs of $120. In order for the dealership to give Smith a loaner vehicle, it requested that Smith provide proof of insurance. The document had Jamia Fairchilds name printed beneath the name of Robert Duncan. She was sentenced to two (2) years of probation, and ordered to pay a fine of $100 plus court costs of $690. Examples of federal crimes include mail fraud, identity theft, and tax evasion. Arkansas has two types of crimes: felonies and misdemeanors. Convicts can clear certain felonies and misdemeanors according to Texas state laws. The owner of the home where the incident occurred stated that a tree had fallen on the GMC and that she had reported it to her homeowners insurance and that the insurance would not pay for the damage. While there, she presented the clerk with a forged National General Insurance Company proof of insurance card. Non-conviction and non-violent offenses are some of the cases you can erase according to some state laws. Unclassified Felonies under specific statutes can be charged as (6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony. Sexual assault in the third degree. Crystal Hinton entered a guilty plea to the same on 12 December 2022. (B)With the purpose of terrorizing another person, the person threatens to cause How long does a felony stay on your record? Crimes and penalties are not so strict in other states. These items were returned to Dillards the same day. He was sentenced to two (2) years of probation. Saine claimed that the stolen vehicle was found by his friend at an apartment complex in the same town. Felonies may also hold felony charges of fine payment of no more than That is, the state will treat your offense as a misdemeanor rather than a class D felony. McGehee stated that the damage had been repaired. Arkansas Code 5-4-401. On 04 March 2022, Sy Gunter lowered his deductible with USAA Insurance from $500 to $200 and added Rental coverage. The incident report states that Davis hit Sims parked vehicle with his 2017 Jeep. 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. It was reported that several items had been stolen from the apartment during the burglary. Roxann Hairston purchased a policy on 5 June 2021 with National General Insurance Company on her 2007 Chevy Impala. That employee advised that the invoice was fictitious. On 10 October 2022, in the circuit court of Craighead County (CR 22-20), Tracey Scott entered a plea of guilty to one count of Fraudulent Insurance Act (Class D Felony) and was sentenced to two (2) years of probation. Suite 300 Judges have great discretion, due to laws that enhance penalties for certain aggravating circumstances. Ms. Fisher stated then that it was she who had purchased most of the items which were stolen. Further, the photographs were taken of the damage earlier in the day, at approximately 12:19 p.m., before Earls had made any changes to his policy. In Colorado, state laws allow convicts clear drug convictions, minor felonies, and misdemeanors. Johnson asked Horsey for proof of insurance while the job was ongoing, but Horsey did not provide one. Ms. Fisher said that she knew nothing of the Dillards purchases, even though they were bought using her personal credit card. (Ark. Friday: 8AM - 3PM However, if the prior conviction does not fall into one of the above categories it will likely be charged as a Class D felony, rather than a Class B. Class D Felonies. On 22 November 2021, Crouch filed a claim on her car, alleging that she tried to avoid road debris, lost control of her vehicle, and went into a ditch. 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. 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. and no more than twenty years in prison. The metadata in the photographs showed that they were taken at 4:21 p.m., on 21 November 2021, which was before Crouch took out the policy. program. The requirements for reducing your felony charge vary from state to state. On 09 January 2023, in the Circuit Court of Phillips County (CR-21-169), Gloria Scoggins (39 of West Helena) entered a plea of Guilty to one count of Attempted Fraudulent Insurance Acts (Class A Misdemeanor). A man and woman, later identified as Tony Lee Mullins . (The televisions at Wal-Mart were bought and returned to the same Wal-Mart within 15 minutes of purchase. Later the same day, Saine filed a claim with his automobile insurance carrier, USAA, stating that his vehicle had been stolen that morning. On 26 September 2022, in the Miller County Circuit Court (CR 22-334), Steven Williams entered a plea of guilty to one count of Fraudulent Insurance Act (Class D Felony) and was sentenced to three years of probation and was ordered to pay a $1,000 fine plus court costs. 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. Cole provided Foremost with an invoice from Tractor Supply, dated 11 March 2021, and an invoice from Home Depot, dated 11 July 2021. individuals who have met certain requirements. (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. Class C felonies attract a prison sentence of 10 to 25 years. Generally speaking, felony theft will be considered a Class C felony if the value of the stolen property falls . A boot camp by the Department of Corrections is available for The Sentencing Commission recognizes that the presumptive sentence range in some cells of the grid may fall below the minimum sentence to imprisonment for the classification of an offense (Pursuant to A.C.A. Also, the prison sentence for a class D felony in Arkansas could be as high as six years. Rodriguez filed a claim for the damage to her GMC with her insurance company, Trexis Insurance. Furthermore, the paperwork that Simmons submitted was signed by SMSgt. (2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property. Evading capture or resisting arrest. Some states have stricter standards than others. Later that same day, Hinton was involved in an automobile accident with Tianna Jackson. How to Post Bail in Arkansas: 5 Things to Know. An investigator for Foremost, contacted both businesses. She was sentenced to two (2) years of probation, and ordered to pay a fine of $100 plus court costs of $690. She was sentenced to three (3) years supervised probation and ordered to pay a fine of $1,000, plus court costs of $440. Defacing a firearm. She was sentenced to one (1) year of supervised probation and ordered to pay a fine of $250, plus court costs. There are a number of statutes that require a more significant sentence. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. Angela Moses later confirmed that she never saw James Heritage professionally and no mental health treatment with James Heritage occurred. On 03 December 2021, Crystal Hinton rented a U-Haul truck. He was ordered to pay a $500 fine plus court costs. In Wisconsin, you could spend up to 25 years in prison for a class D felony. Hancock submitted photos to Progressive of the damage to the motorcycle. Pye was later interviewed and admitted that the accident was staged. She was sentenced to two (2) years Suspended Imposition of Sentence and was ordered to pay a fine of $500, plus court costs. 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). On 09 January 2023, in the circuit court of Phillips County (CR18-118), Randy Williams entered a plea of guilty to one count of Attempted Fraudulent Insurance Act (Class A Misdemeanor) and was sentenced to one (1) year of probation. Also, there are strict punishments for class D felonies. 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. The sentence was issued pursuant to Act 346. South Carolina state laws group felonies into six classes. Sims had screen shots showing the damage to her truck and they were time stamped at 11:05 a.m. and also a screen shot of a phone call about the accident which was time stamped 11:03 a.m.; these were both before the policy was purchased. In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). He was 21 years old on the day of the booking. Terroristic threatening in the second degree is an A misdemeanor punishable by up to one year in . On or about 08 May 2020, McGehee stated that the damage had been repaired by Floyd Hayes in Dumas and that Mr. Hayes had since passed away. (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. She was sentenced to one (1) year of supervised probation, and was ordered to pay a fine of $500 plus court costs. Class D felonies are the least severe crimes. 16-93-30116-93-303 (Act 346 of 1975) The First Offender Act is a rare and special way to enter a plea of guilty or no contest and then after a period of probation, if you apply properly, the judge dismisses and expunges the charges against you. On 28 June 2020, Tamiko Robinson purchased an insurance policy through Allstate Insurance Company for the 2011 Buick. Felonies are more serious and carry harsher penalties including imprisonment and fines. To obtain insurance on the vehicle that she was purchasing, Tell gave Burnett cash for the policy while at Mitchell Motors. The sentence was issued pursuant to Act 346. Class D felonies are some of the less serious crimes. 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. Website Design & Hosting by Jamell Digital, Inc. Code 5-4-201, 5-4-401 (2019).) Many states have laws similar to Arkansas, with up to six years in prison possible. In California, you can have your felony charge reduced to a misdemeanor if you havent been to state prison for a previous offense. thirty days for a Class C Misdemeanor. An insurance SIU investigator opened an investigation into Hairston's claim. 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