Bentonville Violent Crimes Lawyer
A Competitive Litigator Defending You in Rogers, AR; Fayetteville, AR; Springdale, AR
At Bertucci Law Firm, our clients are our biggest priority. Especially in the face of serious criminal allegations like an accusation of a violent crime, we understand that you will need a strong and experienced defender on your side. Attorney Ramon Bertucci will handle your case from start to finish, whether you are dealing with assault charges, battery accusations, or domestic violence claims.
Assault Laws in Arkansas
Assault is a common crime in Arkansas that falls under the violent category. In Arkansas, assault crimes fall under three misdemeanor levels, depending on the severity of the offense. First degree assault occurs if a person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person, or if they purposefully impede or prevent the respiration of another person or the circulation of their blood by applying pressure on the throat or neck or by blocking their nose or mouth. First degree assault is a Class A misdemeanor 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.
Second degree assault, a Class B misdemeanor, is when a person recklessly engages in conduct that creates a substantial risk of physical injury to another person, such that they exhibit a complete disregard for substantial and unjustifiable risk. This degree of assault can be punishable by up to 90 days in jail, up to $1,000 in fines, probation, community service, and/or restitution.
Lastly, third degree assault, is when a person purposely creates apprehension of imminent physical injury to another person. Third degree assault is a Class C misdemeanor that carries up to 30 days in jail, up to $500 in fines, probation, community service, and/or restitution.
Note that in certain situations Arkansas may also classify an act of assault as aggravated assault, which is a Class D felony. Aggravated assault generally involves a person:
- engaging in conduct that creates a substantial danger of death or serious physical injury to another person;
- displaying a firearm in a way that creates a substantial danger of death or serious physical injury to another person; or
- impeding or preventing another person's breathing or blood circulation by applying pressure on their throat or neck or by blocking their nose or mouth.
Aggravated assault could warrant up to 6 years in state prison, a fine of up to $10,000, and a combination of probation, community service, and restitution.
Three Degrees of Battery Offenses
Battery is a more serious offense than assault, and Arkansas law also classifies battery into three different degrees, where first degree battery generally constitutes purposeful serious physical injury to another person by means of a deadly weapon or permanent disfigurement. The punishment for first degree battery ranges from 5 years in jail to 40 years to life.
Second degree battery, which carries up to 6 years in jail, occurs when a person purposely causes 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.
The least severe degree of battery, third degree battery, is when 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. This form of battery is punishable by up to 1 year in jail.
Accusations of Domestic Violence
Another serious violent crime punishable under Arkansas law is violence against domestic partners. A person may be accused of domestic violence if they physically injure a family or household member or create a substantial danger of death or serious injury to such a person. Note that the law considers the following individuals as domestic partners in the context of the law:
- 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.
Generally, Arkansas categorizes domestic violence crimes into 3 degrees, depending on the level of injury allegedly suffered by the other person. First degree domestic battering is a Class B felony punishable by up to 20 years in prison, and the charge 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 5 years.
Second degree domestic battering is a Class C felony punishable by 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, third degree domestic battering 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 be charged with a Class D felony carrying up to 6 years in prison.
To learn more about the specific elements of a domestic battering crime, visit our page on domestic violence.
Put an Experienced Defender on Your Rogers Case Today
Facing accusations of violent crimes in Arkansas? Seek an experienced and competitive trial attorney to defend you in court. Attorney Ramon Bertucci has handled thousands of cases throughout his career and can efficiently strategize a defense for you before a judge and jury. Put a skilled litigator on your case, especially one as serious as a violent crimes case.
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