{"data":{"id":"us-ar/ark.-code-ann.-5-4-103","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-4-103","heading":"Sentencing - Role of jury and court","body":"(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter. (b) Except as provided by §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , the court shall fix punishment as authorized by this chapter in any case in which: (1) The defendant pleads guilty to an offense; (2) The defendant's guilt is tried by the court; (3) The jury fails to agree on punishment; (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law. Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.\n\n(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter.\n\n(b) Except as provided by §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , the court shall fix punishment as authorized by this chapter in any case in which: (1) The defendant pleads guilty to an offense; (2) The defendant's guilt is tried by the court; (3) The jury fails to agree on punishment; (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.\n\n(1) The defendant pleads guilty to an offense;\n\n(2) The defendant's guilt is tried by the court;\n\n(3) The jury fails to agree on punishment;\n\n(4) The prosecution and the defense agree that the court may fix punishment; or\n\n(5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.","path":["AR Code","Title 5","Chapter 4","Subchapter 1"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"cec1ae01b7c045deb39f7d74c1d4b98f7c4d89471d32fae7e750f0201c21aec3","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-4-102","next":"us-ar/ark.-code-ann.-5-4-104"},"notice":"GroundRules: Original legal text. Not legal advice."}