# Ark. Code Ann. § 5-4-103: Sentencing - Role of jury and court

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-103

## Section

- **Citation:** Ark. Code Ann. § 5-4-103
- **Heading:** Sentencing - Role of jury and court
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-103

## Text

(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.

(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.

(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.

## Nearby sections

- [Ark. Code Ann. § 5-4-101 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-101.md)
- [Ark. Code Ann. § 5-4-102 Presentence investigation](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-102.md)
- [Ark. Code Ann. § 5-4-103 Sentencing - Role of jury and court](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-103.md)
- [Ark. Code Ann. § 5-4-104 Authorized sentences generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-104.md)
- [Ark. Code Ann. § 5-4-106 Extended post-conviction no contact order](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-106.md)
- [Ark. Code Ann. § 5-4-107 Extended supervision and monitoring for certain sex offenders](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-107.md)
- [Ark. Code Ann. § 5-4-108 Sentencing for person who committed an offense when he or she was less than 18 years of age](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-108.md)
- [Ark. Code Ann. § 5-4-109 Sentencing for sex offense](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-109.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-103. Check the current official text before relying on it. Not legal advice.