Under Arkansas law, domestic violence encompasses a range of criminal offenses committed against family or household members.
These offenses include physical assault, battery, threats of harm, and other acts of abuse directed at spouses, former spouses, individuals in dating relationships, family members related by blood or marriage, and those who share a child together.
The law recognizes both violent and non-violent offenses, with penalties varying based on the severity of the conduct and the presence of aggravating factors.
Based on the specific crime you are charged with, you may face either a misdemeanor or felony charge. Non-violent offenses typically carry less severe penalties compared to felony assault or battery charges.
Penalties for Domestic Violence Misdemeanors and Felonies
Under Arkansas criminal law, domestic violence acts are categorized as either misdemeanors or felonies. Certain offenses can be classified as either type, depending on the presence of aggravating circumstances. Misdemeanors are divided into three categories.
- Class A misdemeanor: Up to one year in jail and/or a fine of up to $1,000.
- Class B misdemeanor: Up to ninety days in jail and/or a fine of up to $1,000.
- Class C misdemeanor: Up to thirty days in jail and/or a fine of up to $500.
Third-degree domestic battery (often referred to as battering) is classified as a Class A misdemeanor under Arkansas law. An individual commits this offense when they:
- Intentionally inflict physical injury on a family or household member.
- Recklessly inflict physical injury on a family or household member.
- Negligently inflict physical injury on a family or household member through the use of a deadly weapon.
- Intentionally cause stupor, unconsciousness, or physical/mental impairment to a family or household member by administering a drug or substance without consent.
Domestic battery may be elevated to a Class D felony when the defendant injures a woman the defendant knew to be pregnant. Previous convictions for specific crimes can also serve as aggravating circumstances that elevate this offense to a Class D felony.
Arkansas recognizes five felony classifications. The Class D felony is the lowest-level felony offense, carrying a potential prison sentence ranging from zero to six years. A Class A felony carries a potential prison sentence ranging from six to 30 years.
The most serious offense is a Class Y felony, which carries a minimum sentence of 10 years and a maximum sentence of 40 years in prison.
Laura’s Law
Laura’s Law mandates that Arkansas police officers ask domestic violence victims specific questions to evaluate their risk of being killed and provide them with Laura’s Card, which outlines their rights and includes contact information for local support services.
The card includes information for service providers such as:
· Arkansas Crime Information Center: Victims’ Bill of Rights and Crime Victims’ Guide.
· Legal aid information and printable protective orders.
· Vine Link notification system.
· Arkansas Crime Victim’s Reparation Program.
· Government agencies required to provide information about victims’ rights and resources.
· Local victims’ services for medical, housing, counseling, financial, social, legal, and emergency assistance.
Law enforcement officers must provide victims with written information about available services and instructions on how to obtain protection orders, access public records, and contact the Arkansas Crime Victims Reparations Board.
The law honors the memory of domestic violence victims Laura Aceves, Laura Ponce, and Laura Webb.
What Is the Legal Process Once I’m Arrested?
Following your arrest, it is critical to limit your communication with law enforcement to basic information only. Any statements you make can be used against you later. Your first hearing is typically an arraignment where you enter a plea of guilty, no contest, or not guilty.
Based on your bail terms or other court orders, you may be required to meet monthly with a bond supervision officer to satisfy additional requirements. It is common for defendants to be subject to a no-contact order that prohibits communication with the alleged victim.
As your case progresses, your attorney may examine the circumstances surrounding your arrest to identify ways to demonstrate that you did not commit the alleged crime. Even when the elements of an offense appear to be present, mitigating circumstances may exist that can be presented to the prosecution or, when necessary, to a judge or jury.
Most criminal cases are resolved through plea bargaining. Your domestic violence lawyer will advocate for you throughout this process and work to negotiate a favorable outcome that may include reduced penalties.
FAQs
Q: What Is Laura’s Law in Arkansas?
A: Laura’s Card functions as a resource for law enforcement agencies, service providers, and victims, providing information on victims’ rights, crisis hotlines, shelter contacts, and law enforcement details. The Office of the Attorney General has provided these cards to all 75 county sheriff’s offices and many law enforcement agencies throughout the state.
Q: What Is the Arkansas Law Act 873?
A: Arkansas Law Act 873 and Arkansas Victim Rights offer multiple protections and provisions for domestic violence victims. Victims are entitled to attend court proceedings or have a representative appear in their place.
Employers are prohibited from disciplining or terminating someone for participating in court proceedings at the prosecution’s request. Following a conviction, the victim has the right to be informed of the defendant’s place of confinement.
Q: Is Domestic Battery Second-Degree a Felony in Arkansas?
A: Yes, second-degree domestic battery is classified as a Class C felony in Arkansas. The offense escalates to a Class B felony when the victim is a pregnant woman. Second-degree domestic battery involves recklessly causing serious physical injury to a family or household member or knowingly causing harm to a household member who is 12 years of age or younger or 60 years of age or older.
Q: What Does Act 570 Mean in Arkansas?
A: The Public Safety Improvement Act was passed to address the rapid expansion of Arkansas’s prison population. A key reform mandates that the Director of the Department of Community Correction (with guidance from the Board of Corrections) establish a system to direct probation and parole officers in addressing supervision violations. These reforms are projected to save Arkansas approximately $875 million over the next decade.
Schedule Your Domestic Violence Consultation Today
Facing criminal charges does not mean you are guilty. Domestic violence accusations can stem from false allegations. In certain cases, an attorney can demonstrate that their client acted in self-defense.
The attorneys at Lemley DWI & Criminal Defense Lawyers are committed to protecting the rights of our clients. We have successfully helped numerous clients achieve favorable resolutions to their domestic violence criminal charges. Contact our office to schedule a consultation and discover how we can assist you.