Bentonville Domestic Violence Attorney

An Experienced Defender Serving Clients in Bentonville, Rogers, Fayetteville & Surrounding Areas

Bertucci Law Firm is a competitive firm dedicated to defending clients against harsh or unfair accusations. We have handled thousands of cases throughout our career and know how to put up a strong fight in jury trials. Especially if you are facing a charge for domestic violence, you will need an experienced and competitive defender who will work thoroughly on your case. Our approach is not just about immediate defense; it's about building a resilient strategy that anticipates potential challenges and leverages every legal advantage available within the state of Arkansas.

Discover how Bertucci Law Firm can make a difference in your case. Call (479) 227-2716 or reach out to us online to schedule your free consultation today with our Bentonville domestic violence attorney! 

What to Expect in Bentonville, AR Courts

Engaging in a legal battle over domestic violence charges in Bentonville can be daunting, but understanding local court procedures can empower defendants. The Benton County Circuit Court handles these cases collaboratively with local law enforcement, ensuring due process under Arkansas law. Familiarity with this court's practices, such as scheduled hearings and typical case timelines, is crucial for preparation. At Bertucci Law Firm, we tailor our strategies specifically for Bentonville residents, leveraging our knowledge of local judicial nuances to better serve our clients. Working with us means you benefit from insights into how local judges and district attorneys might perceive and process cases. This invaluable perspective can directly affect plea bargains and trial outcomes. 

What Constitutes an Act of Domestic Violence in AR?

Arkansas law prohibits people from physically injuring family members and household members or creating a substantial danger of death or serious injury to a family or household member. Understanding the full scope of what constitutes domestic violence is vital for both the accused and victims. This encompasses not only physical acts but also any form of threatening behavior deemed likely to result in harm. 

In the context of the law, “family or household members” refer to:

• current or former spouses;
• parents and children;
• persons related by blood;
• a child living in the household;
• persons who currently or previously lived together;
• people who have a child together; and
• persons who currently or formerly were in a dating relationship.

In determining whether the defendant and alleged victim were in a dating relationship, a court will consider the length of the relationship, the type of the relationship, and the frequency of the couple’s interactions. In other words, people in casual relationships or who engage purely in a business or social context are not considered to be in a dating relationship under this statute. These distinctions are crucial, as they affect the type of legal action that can be taken and the corresponding potential defenses.

Is Domestic Battery a Felony in Arkansas?

Domestic battery in Arkansas can be classified as either a misdemeanor or a felony, depending on the circumstances of the offense.

• If the battery results in serious physical injury or if the perpetrator has prior domestic violence convictions, it may be charged as a felony.
• Otherwise, it is typically classified as a misdemeanor.

If convicted of domestic battery as a misdemeanor in Arkansas, a person may face up to one year in jail and a fine of up to $1,000. If charged as a felony, the penalties can be more severe and may include a longer prison sentence and larger fines. In Bentonville, understanding the difference between these charges and how they are applied can directly influence the defense strategy and potential outcomes.

Three Degrees of Domestic Battering in Arkansas

Arkansas categorizes domestic violence crimes into 3 degrees, depending on the level of injury allegedly suffered by the other person. Each degree carries specific legal implications and awareness of these can significantly affect the decision-making process for those involved. Every charge is unique and tailored strategies are essential for effective defense. Given the severe penalties, defending against such charges in Bentonville requires a dedicated effort to uncover every viable defense opportunity.

First degree battering is the most serious form of domestic battering, and a person commits first degree battering against a household or family member if they cause:

• serious physical injury by use of a deadly weapon while intending to cause such an injury;
• serious permanent disability or disfigurement with the intent to cause such an injury;
• serious physical injury under circumstances that demonstrate an extreme indifference to the value of human life; or
• serious physical injury to a household or family member who the person knows is either under the age of 13 or over the age of 60.

First degree domestic battering is a Class B felony punishable by up to 20 years in prison. The act could rise to a Class A felony punishable by up to 30 years in prison if the defendant either knew or should have known that the alleged victim was pregnant or if the defendant has a prior domestic battering conviction within the past 5 years. 

Someone can be convicted of domestic battering in the second degree against a family or household member if they:

• cause serious physical injury while intending to cause physical injury;
• inflict physical injury by use of a deadly weapon while intending to cause such injury;
• recklessly cause serious physical injury by use of a deadly weapon; or
• knowingly cause physical injury to a household or family member that the person knows to be 60 years of age or older or 12 years of age or younger.

Second degree domestic battering is a Class C felony that carries up to 10 years in prison and can rise to a Class B felony if the defendant knew or should have known that the victim was pregnant or if they have a prior domestic battering conviction within 5 years. 

Lastly, a person commits third degree domestic battering against a family or household member if they:

• cause physical injury while intending to cause such injury;
• recklessly or negligently cause physical injury by use of a deadly weapon; or
• intentionally cause physical or mental impairment by administering to the family or household member (without that person’s consent) a drug or any other substance.

Domestic battering in the third degree is a Class A misdemeanor punishable by up to 1 year in jail, and if the defendant knew or should have known that the victim was pregnant or if the defendant has a previous domestic battering or aggravated assault conviction within the past 5 years, they could face a Class D felony charge punishable by up to 6 years in prison.

Understanding Your Rights & Options After a Domestic Violence Charge in AR

Facing domestic violence charges can be an incredibly challenging and isolating experience. At Bertucci Law Firm, we believe that knowledge is power. Understanding your rights and the options available to you is crucial in navigating this difficult situation. Our team is dedicated to providing you with the information you need to make informed decisions about your safety and legal standing. In Bentonville, the nuances of local statutes may provide unique defense angles, and our firm’s extensive experience in the area is integral in uncovering these opportunities.

Here are some key points to consider:

• Legal Protections: Learn about the various legal protections available to victims of domestic violence, including restraining orders and protective orders, and how to obtain them. Understanding the specific workings of the Bentonville legal system for securing protective measures can be vital for safety and peace of mind.
• Emergency Resources: Familiarize yourself with local shelters, hotlines, and support services that can provide immediate assistance and refuge. Connecting with these resources early can make significant differences in legal outcomes and personal safety.
• Long-Term Solutions: Explore options for long-term safety planning, including changes to living arrangements, financial independence, and legal representation. Comprehensive planning involves considering all aspects of post-trial safety and rebuilding.
• Support Networks: Understand the importance of building a support network, including friends, family, and community resources, to help you through this difficult time. Collaborating with local community resources in can strengthen these networks.

At Bertucci Law Firm, we are committed to standing by your side and guiding you through the legal process with compassion and proficiency. Let us help you reclaim your power and pursue the justice you deserve. Our approach is dedicated to both legal victory and empowering individual recovery and resilience.

Frequently Asked Questions

What Should I Do If I Am Arrested for Domestic Violence in Bentonville?

Getting arrested for domestic violence can be overwhelming, but immediate steps are crucial to protect your rights. Firstly, remain calm and exercise your right to remain silent. Avoid discussing details of the incident with law enforcement without an attorney present. Contact Bertucci Law Firm as soon as possible; our team is ready to provide immediate legal guidance. In Bentonville, understanding local law enforcement procedures and the Benton County jail protocols can be advantageous in navigating the arrest process efficiently.

Can a Domestic Violence Charge Be Dropped in Arkansas?

In Arkansas, the decision to drop a domestic violence charge rests primarily with the prosecution, not the victim. However, several factors could influence this decision, including the insufficiency of evidence, witness credibility, and the willingness of the alleged victim to testify. At Bertucci Law Firm, we assess every detail of your case, seeking opportunities for dismissal based on procedural errors or lack of evidence. Our familiarity with Bentonville's prosecution strategies allows us to negotiate effectively on behalf of our clients.

How Can a Domestic Violence Attorney Help My Case?

Hiring a domestic violence attorney is vital for a robust defense. An attorney from Bertucci Law Firm, familiar with Bentonville’s legal landscape, will analyze the charges, gather evidence, and develop a comprehensive defense strategy tailored to your situation. We provide personalized attention and direct communication, ensuring that you understand every aspect of your case and the possible outcomes. Our goal is to protect your rights and work towards a favorable resolution, whether through negotiation or trial.

Consequences for Violating Protection Orders

An alleged victim of domestic violence may petition a court for a protective order, which sets terms to protect them from the defendant, such as requiring that the defendant refrain from injuring, harassing, or having any type of contact with the victim. These orders protect victims by legally establishing clear boundaries and can become powerful tools in maintaining personal safety when enforced correctly.

It could also order the defendant to move out of the shared home and provide temporary financial support for any minor children or a spouse. Any violation of a protective order is a Class A misdemeanor punishable by up to 1 year in jail. If the violation occurs within 5 years of a previous conviction for violating a protective order, the defendant could face a Class D felony. Having local knowledge of enforcement practices on protection order violations is crucial in preparing a defense should allegations of breach arise.

Some ways an alleged offender could defend against an accusation of violating a protective order could be to show that they and the alleged victim have reconciled or to prove that the alleged victim invited the defendant to the residence or place of employment, knowing that the protective order prohibited the defendant from being present at these locations. An attorney can better help refine a defense argument to address an accusation of violation by thoroughly reviewing the particular circumstances and evidence surrounding the alleged breach.

Contact Bertucci Law Firm Today

If you have are facing accusations of domestic violence in Arkansas, it is important to know what degree of domestic battering you have been charged with, as you could be dealing with misdemeanor penalties or stiffer felony consequences. Recognizing the severity of the charges is the first step in formulating an effective defense approach tailored to your specific case.

Bertucci Law Firm can guide you through the legal process as you fight your Bentonville domestic violence charge, whether that means creating a defense against domestic battering or violation of an existing protective order. With a focus on personal attention and robust legal strategies, we help address the charges effectively and aim for a resolution that reflects the true circumstances of the case.

Learn more about how Bertucci Law Firm can help your case. Call (479) 227-2716 or contact us online for a free consultation today with our Bentonville domestic violence attorney.