Bentonville Assault and Battery Lawyer
A Competitive Trial Attorney Defending You in Rogers, AR; Fayetteville, AR; Springdale, AR
When you are facing a charge as serious as assault or battery claims, you will need a trial lawyer who is ready to fight for your defense. Bertucci Law Firm has extensive experience handling both misdemeanors and felonies, and we are a responsive and dedicated law firm who can develop a strong defense to protect your rights in the face of a harsh accusation for assault or battery.
Bertucci Law Firm has handled thousands of cases in the past and can examine the specific details of your charge to build the most appropriate defense for you in court.
Three Degrees of Assault in Arkansas
Arkansas law classifies assault into three different misdemeanor degrees, depending on the severity of the offense. A person commits assault in the first degree, a Class A misdemeanor, if the person either:
- recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or
- purposefully impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking their nose or mouth.
A first degree assault is punishable by up to 1 year’s imprisonment, up to $2,500 in fines, probation, court-approved community service, and/or restitution to the alleged victim.
A person can be charged with assault in the second degree, a Class B misdemeanor, if the person recklessly engages in conduct that creates a substantial risk of physical injury to another person. In the context of assault law, a person acts recklessly when they consciously disregard a substantial and unjustifiable risk.
Second degree assault can be punishable by up to 90 days in jail, up to $1,000 in fines, probation, community service, and/or restitution.
Third degree assault, a Class C misdemeanor, is when a person purposely creates apprehension of imminent physical injury to another person, often determined by a judge or jury.
For example, a person may be deemed guilty if they brandish a firearm and verbally threaten a person, but if they did not point the gun at the person and verbally intimidate them, they may not be convicted by the court. A convicted individual for third degree assault could face up to 30 days in jail, up to $500 in fines, probation, community service, and/or restitution.
What is Aggravated Assault in Arkansas?
Beyond assault, Arkansas also classifies certain acts of assault as aggravated assault, which is a Class D felony. A person may be charged with aggravated assault if they purposely do any of the following:
- engage in conduct that creates a substantial danger of death or serious physical injury to another person;
- display a firearm in a way that creates a substantial danger of death or serious physical injury to another person; or
- impede or prevent another person's breathing or blood circulation by applying pressure on their throat or neck or by blocking their nose or mouth.
Note that serious physical injury means physical injury that either creates a substantial risk of death or causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.
Someone convicted of aggravated assault can be subjected to any combination of the following penalties:
- up to 6 years in state prison;
- a fine of up to $10,000;
- court-approved community service;
- restitution to the alleged victim.
Three Degrees of Battery in Arkansas
Battery is a more serious offense than assault with heavy jail sentences, and Arkansas law classifies battery also into three different degrees. First degree battery generally constitutes purposeful serious physical injury to another person by means of a deadly weapon or permanent disfigurement or while in commission of a felony. The punishment for first degree battery could go from 5 years in jail to 40 years to life.
A person commits second degree battery if they purposely cause serious physical injury to another by using a deadly weapon while intoxicated or if they cause physical injury to a law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while they are performing their duties. The consequences for a conviction for second degree battery include up to 6 years in jail.
Lastly,third degree battery, a Class A misdemeanor, occurs if someone purposely, recklessly, or negligently causes physical injury to another person or causes any physical or mental impairment or injury to them without their consent, such as through drugging. Instances of third degree battery are punishable by up to 1 year in jail.
Questions? Contact Bertucci Law Firm.
Assault and battery may be brought to court as misdemeanors or felonies in Arkansas, depending on the circumstances of your situation. If you have been accused of any degree of assault or battery in the state, consult an attorney immediately to lay out your next steps in the litigation process.
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