Assault vs. Aggravated Assault in Arkansas: What’s the Difference?

If you are facing assault charges in Arkansas, you may not immediately know what those charges are going to be. There are many different degrees of assault, with some incidents leading to misdemeanor charges and others leading to felonies. It is very important that you fully understand the full scope of what you could be charged with. You may be wondering about the difference between assault vs. aggravated assault in Arkansas. Either way, you should reach out to a defense lawyer.

The legal team at Lemley Law Partners can determine whether your particular case falls under assault or aggravated assault. The difference in legal penalties between the two is quite significant, so you will have to prepare based on which charges are brought against you. An experienced criminal defense lawyer can mount a strong legal defense and make sure you are not taken advantage of by police or the prosecution.

Aggravated Assault

In a study earlier this year by the Little Rock Police Department, there have been 424 incidents of aggravated assault in just that city so far this year. In 2024, there were an estimated 2,748 reported incidents, which was a small step down from the number reported in 2023. It’s important to act quickly if you are charged with aggravated assault. Being charged with aggravated assault means you need a focused felony defense to avoid long-term consequences.

What separates aggravated assault from regular assault is the use of a deadly weapon or causing a severe injury. Aggravated assault is classified under violent crimes and considered a Class D felony in Arkansas. If convicted, you could suffer a penalty of up to six years in prison and a fine of $10,000. To the court, a charge of aggravated assault demonstrates an indifference to human life. It displays an intention to seriously hurt somebody or even kill them.

Simple Assault

Simple assault is defined as intentionally instilling fear in somebody through threats of violence. It doesn’t require any actual physical violence or injury. You just have to threaten someone to the point that they think you’re going to hurt them. Simple assault is considered a Class C misdemeanor in Arkansas. It’s punishable by up to 30 days in jail and a possible fine of $500.

In Arkansas, assault and battery are considered two different crimes, with different punishments.

Getting Arrested for Assault in Arkansas

If you are charged with any form of assault, it will be after you are arrested. When you get arrested, it can feel like you’ve already lost your case. The very act of having handcuffs slapped onto your wrists can be enough to cause you to feel defeated. However, the core concept of American law is that you are innocent until proven guilty, regardless of the crime you are charged with. You should always exercise your constitutional rights to make sure you aren’t taken advantage of by the police.

Their case against you may not be as strong as you have been led to believe. The police may be counting on a confession to make their case. You should exercise your right to remain silent as well as your right to legal counsel, just to make sure the police can’t try to intimidate you into incriminating yourself. Contact a lawyer as soon as you can. Once they arrive to support you, let your lawyer do all the talking for you at that point.

FAQs

Q: What Is Considered Aggravated Assault in Arkansas?

A: In Arkansas, an incident that results in severe injury or involves a deadly weapon may be considered a case of aggravated assault. The defining difference between assault and aggravated assault is largely the use of a weapon. Things escalate when weapons are involved. Aggravated assault is a Class D felony and could result in substantial prison time if you are convicted. It’s important that you reach out to an experienced defense lawyer for representation.

Q: What Are the Worst Degrees of Assault in Arkansas?

A: In Arkansas, the worst degrees of assault are generally first-degree assault and aggravated assault. Battery is considered a totally separate crime in Arkansas, with its own penalties separate from those for assault. The most serious assault charges stem from incidents involving a deadly weapon or a severe injury. You can also face these charges after engaging in reckless conduct that creates an unsafe environment. If you are charged with these crimes, a lawyer can mount a strong defense.

Q: What Is the Difference Between Assault and Aggravated Assault?

A: The primary difference between assault and aggravated assault is the extent of the damage. An assault charge can come from the simple threat of violence or an attempt to cause a confrontation. An aggravated assault charge comes from causing a serious injury or using a deadly weapon. Aggravated assault charges are considerably worse than an assault charge, as you may be facing prison time and heftier fines.

Q: What Is a Simple Assault Charge in Arkansas?

A: In Arkansas, a simple assault charge is generally a Class C misdemeanor. The charge usually involves the threat of force and the intention to cause someone harm without actually getting physical. To convict, the prosecution must prove intent. The penalties for simple assault may be some minor jail time and a small fine. Still, it can land you with a criminal record that will follow you forever, so you should still take the charge seriously and fight it.

Reach Out to an Experienced Assault Lawyer Today

Understanding the primary differences between assault and aggravated assault can better prepare you for how to handle your case. You may be getting ready for an assault case when you should be planning for more. The first thing you should do after being charged with either assault or aggravated assault is contact an experienced criminal defense lawyer, as they can start developing a strong case.

The legal team at Lemley Law Partners can formulate a solid defense. We can build your case, gather evidence that supports you, and make sure your interests are consistently protected. Contact us to schedule a consultation with a skilled attorney from our law firm today.