She was sentenced to two (2) years of probation, and ordered to pay a fine of $100 plus court costs of $690. Bolin advised Bartlett to contact the insurance company and tell the truth about the accident happening before she purchased the policy. Some of the examples of enhanced penalties for Class D felonies include aggravated battery. Progressive confirmed that the policy cancelled in January 2019 and that neither Jamia Fairchild nor her vehicle were ever insured by their agency. You could face a prison sentence of up to 12 years if convicted of a class D felony. On 21 JUN 2021, Zachary Nicklin called a Shelter insurance agent about a policy for the vehicle. In the recorded statement, Wilkinson stated that her vehicle was damaged on the left rear door, which is the same place that it had been damaged the year prior. On 16 July 2020, at approx. You can explore additional available newsletters here. life in prison. By Name By Charge. He was sentenced to two (2) years of probation. Between 02 January 2017, and 11 November 2017, he submitted seven separate claims to Blue Cross Blue Shield (BCBS) and Health Advantage alleging that he personally received mental health services on 85 separate dates from Provider Angela Moses. On 29 September 2022, in the Circuit Court of Green County (CR22-710), Kevin Hancock (52 of Jonesboro) entered a plea of guilty one count of Fraudulent Insurance Acts (Class D Felony). See Ark. . Arkansas has two types of crimes: felonies and misdemeanors. When convicted as a misdemeanor, an He was sentenced to 18 months of probation and was ordered to pay a $500 fine. On 10 October 2022, in the Circuit Court of Craighead County (16JCR-22-572), Janette Rodriquez (27 of Jonesboro) entered a plea of guilty to one count of Fraudulent Insurance Acts (Class D Felony). It was later determined that the accident was staged and that Reginald Duffy had planned the event in order to file fraudulent insurance claims and Hendrix and Weatherspoon knowingly took part. South Carolina state laws group felonies into six classes. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Home; Search. Mr. Nicklin was going to purchase a 2017 Lexus RC 200T passenger car from the dealership. A proof of liability insurance was provided on 12 February 2019, by Wesley Snodgrass. Involuntary manslaughter and parental kidnapping are the offenses under this category. charge may be amended by the prosecutor in favor of boot camp. They can result in a jail sentence of up to six years and a fine of up to $10,000. When asked about the receipts that had been provided to Liberty Mutual representatives in support of the claim of ownership, she stated that they were all legitimate receipts. The SIU spoke to Omotara Arikawe about the rust, and she admitted to the SIU that the damage occurred on 28 January 2022, prior to her having the policy reissued. The sentence was issued pursuant to Act 531. Other states group crimes using a numeric system. The adjuster was supplied an invoice purported to be from Keystone Automotive for a new bumper cover sold to B&K Body Shop. He was assessed court costs and sentenced under Act 346. Thats why you need a good lawyer in your case. Part of that contents list claimed in the loss included several taxidermy mounts of animals, with a collective claimed value of over $9,000. As part of the claim, Liberty Mutual Insurance was supplied with a proof of loss document, listing all the items claimed as stolen during the reported burglary, including clothes, shoes, accessories, and electronics. Domestic battering in the second degree is a Class C felony though it could also be a Class B felony in more serious cases. Salem, AR. He was sentenced under Act 346. More than 1.5 ounces is a Class I felony which has a $2,500-10,000 bail. When the file was assigned to an AIDCID investigator, he could see that there were misalignments in the text of the card and different fonts. (a) A person commits sexual assault in the third degree if the person: (1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: (A) Employed with the Division of Correction, Division of Community . Usually, you can have your record cleared with or without an expungement hearing. After unclassified felonies, the most serious of the five categories is Class Y. State Farm ran the photographs through an internet search to see if they were original photos taken by Bishop or simply photos obtained from the internet. Everyone in Higgins vehicle refused to cooperate with the investigation. Defacing a firearm. 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. Arrest Record Search As part of an investigation into Mangmoradeth's claim, a different claim was located with State Farm. In the claims report, Hatcher stated that she was driving on Highway 365 near Mayflower when she struck a deer near a Shell gas station. These consequences include a specific loss of rights. During the registration process, Dennis provided an insurance card, purported to be from Esurance. When asked if it was usual for someone to have three 55 inch televisions for an apartment, she said they were for different rooms. Is second degree assault a felony Arkansas? (c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and (d) For a Class D felony, not less than one (1) year nor more than five (5) years. When the dealership attempted to verify the insurance, it was told that the insurance was not valid. The police report obtained from the DeQueen Police Department confirmed the accident occurred on 24 August 2021, during the time frame that Ms. Jegstrup did not have insurance coverage for her vehicle. On 03 April 2019, Sandra Jackson was in an auto accident and did not have insurance. The sentence was issued pursuant to Act 346. On 6 September 2022, in Garland County Circuit Court (CR 21-864), Roxann Hairston entered a plea of guilty to one count of Fraudulent Insurance Act (Class D Felony) and was sentenced to 12 months of probation and was ordered to pay a $500 fine plus court costs. (B)The no contact order under subdivision (c)(1)(A) of this section remains in effect Punishment for a Class B felony includes fines up to $15,000 and prison time of not less than 5 years and . You could also pay a fine as high as $100,000. He was sentenced to two (2) years of probation, and ordered to pay a fine of $500, plus court costs. Cole provided Foremost with an invoice from Tractor Supply, dated 11 March 2021, and an invoice from Home Depot, dated 11 July 2021. The sentence lengths depend on the nature of the offense and the number of previous convictions. 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. In all other cases, it's a class A misdemeanor. Below are the five felony classes in the United States federal law and their respective sentences: Generally, class A felonies are the most severe class of crimes in the United States. Nearly all juvenile records can be expunged in the state of Arkansas, Some other penalties for Class C felonies include monetary fines, parole, probation, restitution, and/or community service. Quintana provided a screen shot showing that the policy was obtained at 7:01 p.m. He was sentenced to three years of suspended imposition of sentence (SIS) and was ordered to pay a $1000 fine, plus court costs. Class D is the last of the five categories and contains the least serious felonies. Criminal Offenses Section 5-13-301. Leonard Jones, who according to Simmons command staff does not exist. State Farm attempted to verify the invoice, but was unable to contact Music Mart. She explained that she added the coverage at that time to be prepared for incoming bad weather. Since the policy was new and so close to the time of inception, Crouch was specifically asked if the accident happened after she had taken out the policy or before she had taken out the policy. The convicted felon could also pay a fine, similar to the above three classes. . Trexis Insurance did not cover the damage to the vehicle because of the uninsured driver, but would have if the driver had been Rodriguez. Judges have great discretion, due to laws that enhance penalties for certain aggravating circumstances. On 17 October 2022, in Washington County Circuit Court (CR 20-1646) Richard Higgins entered a plea of guilty to one count of Fraudulent Insurance Act (D Felony), one count of endangering the Welfare of a Minor (Class D felony), one count of Criminal Mischief in the First degree (Class D Felony), one count Domestic Battery 3rd (Class D Felony), one count of Interference with Emergency Communications (Class A Misdemeanor), two counts Failure to Appear (Class C Felony). She stated that she had not owned any of the items that had been reported as stolen in her residence. On 13 November 2019, McGehee reported to the Blytheville Police Department that his vehicle had been in a hit and run and received damage to the passenger side. AIDCID investigators interviewed Quentin Thompson who acknowledged that he had gone to the Revenue Office in White Hall to license his vehicle, and he was told that his insurance card wasn't any good. You already receive all suggested Justia Opinion Summary Newsletters. Neither Home Depot nor Tractor Supply had any record of a sale for either referenced mower. Briefly, well look at the punishment for class D felonies in some states across the United States. Class D felonies are the least serious in the grouping. On 16 August 2022, in the Circuit Court of Union County (CR22-189), Douglas Henry entered a plea of guilty to one count of Fraudulent Insurance Acts (Class D Felony) and one count of Attempted Theft of Property (Class D Felony). Friday: 8AM - 3PM There are a number of statutes that require a more significant sentence. Others dont. 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). 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. He later admitted that all the billing in his name was fraudulent. While there, she presented the clerk with a forged National General Insurance Company proof of insurance card. Class C felony - minimum 3 to 10 years. or 501-371-2600 Each class is separated from the next using an alphabetical grouping system. One day later on 05 April 2022, he filed a claim with Bristol West alleging that he collided with a stationary trailer in his driveway that caused damage to the front of his vehicle. Theyre also crimes that arent dangerous. The sentenced was issued pursuant to Act 346. As such, they attract the strictest kinds of punishment. 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. However, that is not the case with the other civil rights loss a result of a felony conviction. turkey club sandwich nutrition Uncovering hot babes since 1919.. simultaneous possession of drugs and firearms arkansas. Contact us. Well, if you're in one of those three categories and have a gun, a first offense (a D Felony) carries 0-6 years and is parole eligible, the second and later offenses (or other B level Felonies) carry a sentence of 5-20 years WITHOUT parole eligibility. the crime is presumed to be a Class D felony. Gunter confirmed that the accident did occur 26 February 2022, and he did change his policy 04 March 2022. Class D felonies are the least serious felonies in Arkansas, punishable by up to 6 years in prison and a fine of up to $10,000. program. Terroristic threatening in the First Degree is a class D felony with a maximum prison sentence of six years. (Ark. without unnecessary delay. Class D felonies are some of the less serious crimes. As part of a contract to haul heavy equipment for Keen Trucking from NLR to Texas, a requirement for the contract was for S&L to provide proof of liability insurance. On July 20, 2021, Kelsey Wilkinson filed an insurance claim with Progressive Insurance on her 2015 Chrysler for a hit and run that she claimed occurred at a Wal-Mart parking lot. She was sentenced to 12 months Suspended Imposition of Sentence (SIS), and was ordered to pay a fine of $500, plus court costs. The owner, Buddy Parks, confirmed the accident took place on 21 AUG 2020 at approximately 1230hrs. Johnson asked Horsey for proof of insurance while the job was ongoing, but Horsey did not provide one. Charges: Include class Y felony simultaneous possession of drugs and firearms and aggravated assault upon law enforcement officer-discharge of firearm. On March 9, 2022, Wilkinson filed a claim on her Chrysler, stating that she went off the road and hit a sign. Some examples of Class D felonies include: Involuntary manslaughter; Avoiding . A Class D felony in Arkansas is punishable by up to six years in prison and a fine of up to $10000. Filters. Missouri. She stated that her mother called and reported the burglary, and when the Pine Bluff PD officers arrived, her mother pretended to be Marqueshia Byers and reported the burglary. Mrs. Rayner was questioned and confirmed that her claims were fraudulent. 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. On 28 September 2020, an AIDCID investigator spoke with an agent at Advantage 1 Insurance, who stated that Kloster did not come to the office on 20 June and that if any payment would have been made, it would have been posted to the account immediately. You could receive a jail term of up to 15 years if convicted. The meta data on the photographs, however, show that the photographs were actually taken on 2 July the same day that Earls increased the coverage on his vehicle. 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. Union County Sheriffs office confirmed that Gunter reported the accident on 26 February 2022. Progressives records show that the policy was renewed at approximately 6:59 p.m. On 19 May 2021, Progressive was notified by the other driver of the accident. On 4 February 2022, Savanna Bartletts car was involved in a single car accident just after midnight. On or about 28 July 2020, another representative took a recorded statement from Rodriguez, during which time she stated that she was not driving the vehicle at the time of the accident. 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. 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. Examples of Arkansas class B felonies are residential burglary, battery, and drug possession. US States (36975K) Current Events (51K) Celebrity (272) Exonerated (117) Favorites (421) FBI Most Wanted (848) . Felony DWI/BWI For each level of DWI/BWI, if an offender is sentenced to the Arkansas Department of Correction, a minimum incarceration sentence is required by statute. This process is called expungement. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. On 08 October 2020, an appraiser, from Appraisers of Arkansas traveled to B&K Body Shop and met with Kevin Hayes who stated that Greens car was no longer at the shop. Felonies are more varied, with no time limit for many felonies. She was sentenced under the provisions of Act 346. Progressive inspected the vehicle and paid the claim in the amount of $3,490.88. On 01 January 2022, at approximately 6:49 p.m., Janel Hatchers 2016 Hyundai was added to Teresa Hatchers GEICO Insurance policy. shall not exceed ten thousand dollars. Sign up for our free summaries and get the latest delivered directly to you. Hancock reported to Progressive that he and his wife had an accident on 13 June, when he tried to avoid a deer. Long after your prison sentence and payment, you could still be suffering the repercussions of your offense. He was sentenced to two (2) years of probation and was ordered to pay a fine of $500, plus court costs. Class B Felonies often have sentences between no less than five years On 24 August 2021, Ms. Jegstrup was involved in a two-vehicle accident in DeQueen, Arkansas. On 22 October 2021, Tzion Saine was involved in a motor vehicle accident from which he fled the scene. The driver of the other vehicle and a witness at the scene stated that there was no contact between the two vehicles and no accident occurred. The clerk processing the registration noticed an oddity with the insurance card, so she called the insurance company to verify the card and was told that the policy number on the card did not belong to Dennis or the vehicle listed. A class D felony is one of the less serious types of felonies. Class C Misdemeanors with one hundred dollar fines. As the policy was new, Progressive Insurance investigated the claim and found the claim that Norman had filed with another insurance carrier, just days earlier, for the same loss. She later gave a statement and admitted to knowingly filing a fraudulent insurance claim. However, you could work with certain state agencies to find employers and landlords that give jobs and housing to convicted felons. During a claims investigation, a representative of Rep West met in person with Hinton and Jackson. The sentence was issued pursuant to Act 346. Class E: 1 to 5 years in prison. The sentence was issued pursuant to Act 531. (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 . Examples of those crimes are incest, first-degree burglary, and murder. He was sentenced to three (3) years Suspended Imposition of Sentence (SIS), and was ordered to pay a fine of $250, plus court costs of $690. Some states in the U.S. allow you to reduce your class D felony charge to a misdemeanor. Courts are required to use the Order as of January 1, 2012. 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. On 06 February 2023, in Pulaski County Circuit Court (CR 22-1832) Reginald Duffy entered a plea of guilty to one count of Fraudulent Insurance Act, (Class D Felony). (purses bought/returned 7-22-19, 1:35 PM and returned 3:06 PM -- watches bought/returned 7-22-19, bought 1:49 PM and returned 3:02 PM) After being confronted by the inaccuracies in her claim, Ms. Byers gave a second interview. She stated that there had never been a burglary as reported in her claim. However, some crimes arent in any of the categories. In the later part of 2019, Gary Johnson hired Lloyd Horsey to do some trim work on a new construction project. Hancock submitted photos to Progressive of the damage to the motorcycle. On 03 February 2023, in Franklin County Circuit Court (CR22-150), Zachary Nicklin entered a plea of guilty to one count of Fraudulent Insurance Act (Class D Felony). On 03 March 2020, Tenehia White-Fisher (Marqueshia Byers mother) contacted investigators at IFID and said that she wanted to give information on Ms. Byers burglary report and insurance claim. After waiting a short while, Bartlett filed a claim with Esurance, stating that the accident occurred around noon, which was before she bought the policy. How serious is 2nd degree battery? An investigator for Foremost, contacted both businesses. (Closed during the noon hour each weekday). ), Under Arkansas's laws, the sentence for a Class B felony is five to 20 years in prison and a fine of up to $15,000. During the statement, Crouch admitted that she filed the claim, submitted the photographs, and also admitted that the loss occurred before she took out the policy on her vehicle. Mr. Rhodes was 93 when Adlean passed in 2018 and has since died. (B)With the purpose of terrorizing another person, the person threatens to cause Ms. Byers told investigators that she was supposed to have gotten a car from the proceeds after the insurance claim was paid by the insurance company. Felonies in the state of Arkansas carry high fines, which vary Plentiful sunshine. A crime classed under class D in one state could be class C or higher in another state. Rodriguez filed a claim for the damage to her GMC with her insurance company, Trexis Insurance. 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. order under subdivision (c)(1)(A) of this section to the victim and arresting agency Minimum Sentences. He was charged with THEFT BY RECEIVING- CLASS D FELONY. They also confirmed that Gunter came to OTM and arranged to the have the vehicle towed to Murphys Body Shop and that the vehicle was a total wreck. 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. As such, felonies carry stricter sentences than misdemeanors and infractions. Reckless burning. Also in the statement, Wilkinson was asked if her vehicle had any prior damage, to which she stated no. In looking at the photographs from the prior claim and the current claim, it is clear that it is the exact same damage. The document had Jamia Fairchilds name printed beneath the name of Robert Duncan. Get free summaries of new opinions delivered to your inbox! Therefore, class D felonies are more severe than in states with a four-class system. It could get even stricter for repeat offenders and child sex crimes. On 03 December 2021, Crystal Hinton rented a U-Haul truck. 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. Dennis confirmed that she had presented the card to the DFA and claimed that she got the card from someone she believed to be an agent, but did not identify the same. On 15 December 2020, an AIDCID Investigator spoke with an employee at Keystone Automotive about the receipt in question. 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. However, if youre not a sex offender or your offense is a non-violent one, it could be set aside by the state. 26 Feb Feb Mandatory drug and alcohol tests and probations could also be part of the sentence. Also, there are strict punishments for class D felonies. The AIDCID Investigator subpoenaed the phone records and the phone number from which the text was sent came back as belonging to Smith. On 05 April 2019, Ms. Jackson filed an accident claim stating the accident occurred on 04 April 2019, after she obtained her policy. As soon as you are convicted you will lose the following rights in Arkansas: In Arkansas, the right to vote is automatically restored at the completion of the sentence. Less serious crimes, known as misdemeanors, are punishable by terms of up to one year in county or local jail. The claim was filed under a policy belonging to Calvin Summers, said policy covering a 2000 Ford van. On 30 January 2022, she had it reissued. THE FIRST OFFENDER ACTArk. Felony expungements don't just happen after you do your time. On 16 July 2021, Cole filed a theft claim with Foremost. (A) Public safety agency means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (ii) Natural or human-caused disaster or major emergency response; (iv) Ambulance or emergency medical services; and. On 25 August 2021, the other party to the accident filed a claim on the Progressive insurance policy that Jegstrup listed at the accident. Each admitted to knowing each other and that they had staged the accident to be able to make insurance claims. Examples of class A felonies are aggravated robbery and human trafficking. This luxury is available for first-time Class C and Class D Felonies shall not exceed ten thousand dollars. Class E felonies attract a prison sentence of one to five years. On 29 August 2022, in the Garland County Circuit Court (CR21-756), Dana ONeal was found guilty after a jury trial of one count of Fraudulent Insurance Act and was sentenced to six (6) months suspended imposition of sentence (SIS) and ordered to pay a $2,000 fine, plus court costs. On 09 December 2021, both Hinton and Jackson gave recorded statements to the insurance company at which time they both denied knowing each other. Sometimes it is possible to have class D felonies reduced to misdemeanors depending on the facts and the history of the defendant. Class During a claims investigation, a representative of Rep West met in person with Hinton and Jackson. Cultivating or selling marijuana is one of the crimes under class D felonies in Kentucky. In 2020 Stephenie Strouds Aflac policy was identified during an assessment of a new potential insurance fraud scheme: High volume AD claims. Omotara Arikawe of Little Rock had an auto policy with GEICO Insurance. Notwithstanding, theyre still felonies and carry strict punishments. 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 13 February 2022, Omotara Arikawe of Little Rock filed a claim with GEICO insurance stating she struck a Sonic menu stand on 12 February 2022, reporting damage to the front left fender of her 2017 Jeep. ONeal bought a policy on 17 April 2021, through GEICO Insurance. In Arkansas, there are six categories of felonies: Class Y felony This carries a minimum sentence of ten years, but no more than 40 years or life. Evidence that you dont have further charges or convictions, Completing your jail term or paying the required fine tied to your offense. Felony convictions have serious consequences. The clerk was told that the policy number reflected a customer in California. She said nothing as her mother was using her identity to commit the fraudulent report. Also, first-time non-convicted offenders can have their crimes removed from their records. A check with UAMS Pine Bluff confirmed that no treatment for Bobbie Rayner was performed for cancer screenings. The state divides these crimes into different classes with the most severe penalty in Class A to least severe in Class D. Class D felony - up to 6years. Scoggins claimed that, during the burglary, several items were taken from her house. The claim was denied and no payments were made. State Farm found that none of the photographs provided by Bishop were of items that belonged to Bishop, as they were found on the internet and submitted by other users and depicted in different locations. The damage was in the area of the left rear door.
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