Assault and Battery Lawyer
Sometimes a misunderstanding between two people gets out of hand. That’s not an excuse for violence, but sometimes it happens. If you have been accused of assault or battery, you should understand the difference between the two and the different degrees of each and the consequences for the charges that you are facing. The two charges may sound the same to you, but there are important differences in how the courts handle the charges. The major differences come down to the intent verses the action that was taken. Battery is the more serious of the two charges and is treated more stringently. It always entails unlawful physical contact. Assault, on the other hand may only suggest contact but show intent of unwanted contact or show a viable threat of violence. Below are the definitions and maximum punishments for the varying degrees of Assault and Battery in the state of Arkansas. But remember, each case is unique, so you need to find a lawyer to advise you on the details of your specific case. Whatever the details, Stuart will strive to protect your rights and pursue a just outcome for your case. To discuss the details of your Assault or Battery case with Stuart, we invite you to schedule a FREE consultation.
Degrees of Assault in Arkansas
In the state of Arkansas, assault is classified under three degrees of misdemeanors. Punishment of each degree of assault depends solely on the associated class of misdemeanor.
Assault in the first degree is considered a Class A misdemeanor and is punishable by fine of up to $1,000 and imprisonment of up to one year. A person commits assault in the first degree if: he or she recklessly engages in conduct that creates a substantial risk of serious injury or death to another person; or purposely impedes the respiration of another person, or the circulation of another person’s blood, by applying pressure on the throat or neck, or by blocking the nose or mouth of the other person. Examples of First-Degree Assault could include assault with a deadly weapon, assault with the intent to cause disfigurement, amputation or serious injury to organs, and the intent to cut off a person’s airway. Actions such as verbally threatening to kill someone, throwing an object at someone, throwing a punch, and missing, and waving a deadly weapon around could cause you to be charged with assault.
Assault in the second degree is considered a Class B misdemeanor and is punishable by fine of up to $500 and by jail term of up to 90 days. Assault in the second degree is committed when a person recklessly engages in a conduct that creates substantial risk of injury to another person.
Assault in the third degree is considered a Class C misdemeanor and is punishable by fine of up to $500 and by jail term of up to 30 days. Assault in the third degree is committed if a person purposely creates apprehension of imminent physical injury to another person.
Aggravated assault is considered a Class D felony and is punishable by fine of up to $10,000 and up to six years in a state penitentiary. Aggravated assault is committed if a person purposely: engages in conduct that creates a substantial danger of death or serious injury to another person; displays a firearm in a manner that creates substantial risk of death or injury to another person; or impedes respiration of another person or prevents circulation of another person’s blood by applying pressure on the chest, neck, throat, or by blocking the nose or mouth of another person. Certain factors can increase the degree of aggravated assault. Actions such as using a weapon pointing, a gun at someone can influence the charge. History of prior convictions, the degree of harm and if children or elderly adults were threatened of harmed also impact the severity of the charge. These provisions do not apply to law enforcement officers acting within the scope of their duty, or to a person acting in self-defense or the defense of a third party.
Three Degrees of Battery
In the state of Arkansas, battery is classified under various degrees of felonies and misdemeanors. Punishment of each degree of battery depends solely on the associated felony or misdemeanor.
Battery in the first degree is the most serious battery charge on the books. Use of a deadly weapon to cause physical injury, the intention to cause disfigurement to an individual, purposely causing injury to a pregnant woman or their unborn baby and causing serious injury to a child under the age of twelve, all fall in this category. If a law enforcement or employee of a correctional facility is injured, this too can constitute Battery in the First Degree.
Battery in the first degree, can be considered Class B felony or a Class Y felony, being punishable by fine of up to $15,000, with imprisonment time of no less than 5 years, but up to 40 years. Battery in the first degree generally constitutes purposeful and serious injury or disablement of another person by means of firearm and/or with indifference to the value of human life.
Battery in the second degree is to be considered a Class C felony or a Class D felony, and is punishable by fine of up to $10,000 with up to 10 years in prison, but no less than 3 years imprisonment. Battery in the second degree mostly constitutes causing serious physical injury to another person while operating a vehicle or motor boat with an alcohol concentration of 0.08 or higher or intoxicated by means of other substance, or knowingly causing injury to a law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility.
Battery in the third degree is to be considered a Class A misdemeanor and is punishable by up to $1,000 and imprisonment of up to one year. Battery in the third degree constitutes physical injury, or mental impairment by administering a person to any drug or substance without consent. Battery in the third degree also constitutes physical contact with first responder by spitting, throwing, or transferring bodily fluids, pathogens, or human waste onto the first responder, this constitutes a mandatory fine of $2,500 and a minimum of 30 days imprisonment.
Domestic Battery
Domestic Battery offenses are also charged in degrees. First degree is the most serious charge, and third degree is the lessor. Arkansas has some of the most stringent domestic battery charges in the nation. A slight shove could result in a low-level offense and fines, where greater actions such as negligently injuring a spouse or household member with use of a deadly weapon or causing mental or physical impairment or injury with nonconsensual drugs or substances administration can result in greater fines and jail time. If the spouse is pregnant even greater fines and jail times could be enacted.
