Understanding the Different Degrees of Domestic Battery Charges in Arkansas

Home is supposed to be a safe space, but the harsh reality is that it’s not for many people. Domestic violence isn’t a new concept, but it has morphed and evolved over time into a broad range of actions that range from subtle to blatantly violent. To protect yourself from being a victim, it can be helpful to know more about the crime itself. This includes understanding the different degrees of domestic battery charges in Arkansas.

Degrees of Domestic Battery in Arkansas

There are three different degrees of domestic battery charges in Arkansas. Domestic battering in the first degree, the second degree, and the third degree.

First-degree domestic battery is the most serious type of domestic battery charge you can receive in Arkansas. This charge covers situations where a person purposely causes serious physical injury to a family or household member in the following cases:

• By means of a deadly weapon or firearm
• Under circumstances that manifest extreme indifference to human life
• When the victim is 60 years or older or 12 years or younger
• When the victim is four years old or younger
• When they knew or should have known the victim was pregnant
• With the purpose of permanently disabling, disfiguring, or injuring them

Committing two or more acts of domestic battering within 10 years is also considered first-degree domestic battery. This offense is generally charged as a Class B felony, but can also be charged as a Class A or Class Y felony in certain cases.

Second-degree domestic battery is a serious charge to face in Arkansas. A person can be charged with domestic battery in the second degree if they:

• Purposely cause serious physical injury or physical injury with a deadly weapon to a family or household member.
• Recklessly cause serious physical injury to a family or household member who is four years or younger or with a deadly weapon.
• Cause physical injury to a family member who is 60 years or older or 12 years or younger.

Second-degree domestic battery is typically considered a Class C felony, but can become a Class B felony under specific circumstances.

Third-degree domestic battery is the most common of these charges that you can get in Arkansas. A person is considered to have committed domestic battering in the third degree if they cause physical injury to a family or household member:

• By administering a drug or other substance without the family or household member’s consent, causing mental or physical impairment, stupor, or unconsciousness, the act may also be prosecuted as an Arkansas federal drug crime, depending on the circumstances and substances involved.
• Negligently with a deadly weapon
• Through reckless actions
• With the purpose of causing them harm

Third-degree domestic battery is usually considered a Class A misdemeanor but can be increased to a Class D felony if certain factors are involved.

Domestic Assault vs. Domestic Battery in Arkansas

To better understand the differences between domestic assault and domestic battery, it’s helpful to know about assault and battery in broader terms first. Assault in the first degree in Arkansas involves a person recklessly engaging in conduct that puts another person at risk of death or serious injury or purposely impeding the application of life-saving measures on another person. While many ask, is assault a felony in Arkansas? First-degree assault is actually considered a Class A misdemeanor,  though more severe forms of assault can rise to felony charges depending on the circumstances.

You can be charged with simple assault if you simply threaten to physically injure someone. It’s enough to intentionally mean to cause a person imminent physical harm. This is considered third-degree assault, which is a Class C misdemeanor.

Battery charges, on the other hand, involve the actual act of harming someone. This is why assault and battery are treated as separate charges in Arkansas.

A Look at Domestic Violence in Arkansas

There are approximately 1,189,160 households in Arkansas. The average number of people per household is 2.48. With so many people sharing households, it’s important to have Arkansas domestic violence laws in place to protect them in their homes.

Arkansas ranks 10th in the country for the highest domestic violence rates. About 40 percent of all female homicides are a result of domestic violence or violent crimes. In fact, more women are injured in domestic violence incidents than in motor vehicle accidents, muggings, and rapes combined. In recent years, Arkansas reported at least 46 domestic violence-related homicides. Approximately 76 percent of these cases involved a firearm.

FAQs

Q: Is Domestic Battery a Felony or a Misdemeanor in Arkansas?

A: Domestic battery is a wobbler crime, meaning domestic battery can be charged as a felony or misdemeanor based on the severity and specific circumstances of a case. Domestic battering in the third degree is the most common domestic battery charge in Arkansas and is generally classified as a Class A misdemeanor. Domestic battering in the second and first degree are both considered felonies.

Q: How Long Does a Felony Domestic Battery Conviction Stay on Your Record in Arkansas?

A: If you are convicted of felony domestic battery in Arkansas, you can expect it to stay on your record indefinitely unless you take proactive measures to have your record sealed or the felony conviction expunged from your record. The conditions for being able to do either of these actions are strict, so it can be beneficial to work with a local criminal defense lawyer.

Q: Can You Get Third-Degree Domestic Battery Charges Dropped in Arkansas?

A: It’s possible to have third-degree domestic battery charges dropped in Arkansas, but it can be challenging to achieve, especially if you’re representing yourself. Some possible defenses to use include false allegations, lack of evidence, mistaken identity, self-defense, or simply having an alibi. It can be helpful to work with a criminal defense attorney to build your defense.

Q: Do I Have to Work With a Criminal Defense Attorney to Fight Domestic Battery Charges in Arkansas?

A: You are not legally obligated to work with an Arkansas federal criminal defense attorney if you are facing domestic battery charges. That said, it is highly recommended that you seek legal representation to better understand the legal process, bolster your case, and improve your chances of the lightest possible sentence for your charges.

Get in Touch With an Arkansas Assault and Battery Lawyer to Build Your Defense

At Lemley Law Partners, our focus is on you and your legal needs. If you’re ready to talk about a domestic battery charge in more detail, contact our office to set up an appointment with an Arkansas criminal defense lawyer today.