Is Assault a Felony in Arkansas?

Facing an assault charge in Arkansas can leave you asking yourself, “Is assault a felony in Arkansas?” While some assault offenses are treated as misdemeanors, others are classified as felonies with the potential for serious penalties. Whether or not assault is a felony in Arkansas depends on the circumstances of the case, including the level of harm involved, the use of weapons, and the identity of the alleged victim.

Understanding Assault Under Arkansas Law

Arkansas law separates assault into degrees. Whether or not it is charged as a felony depends on the circumstances of the alleged crime. Assault in the third degree is outlined in Ark. Code § 5-13-207. It is typically brought as a Class C misdemeanor if the defendant is accused of recklessly placing someone’s safety at risk. For this charge, there doesn’t need to be physical contact. Other forms of assault can lead to a felony charge.

First- and second-degree assault charges are no longer classified separately under Arkansas law. Instead, prosecutors often pursue related offenses such as aggravated assault, which is covered under Ark. Code § 5-13-204. Little Rock reported 2,929 aggravated assault cases in 2023

This offense involves conduct that creates a substantial danger of death or serious physical injury to another person, often through the use of a deadly weapon. Aggravated assault is a Class D felony in Cabot, AR, and can result in a prison sentence and a permanent criminal record.

Aggravating Factors That Can Elevate Charges

There were 14,677 aggravated assault cases across the state in 2022, which accounted for roughly 79% of violent crimes like sex crimes and gun crimes statewide. Aggravating factors can elevate an assault charge from a misdemeanor to a felony. These can include the use of a weapon. If a law enforcement officer or healthcare worker is injured during the assault, that can lead to a felony charge.

Domestic violence cases can involve the charge of domestic battering, which can be brought as a felony charge if the defendant has prior convictions or the case involves minors. Felony charges can stay on your record for life unless they are expunged, which depends on the laws in your state and the specifics of your case. Battery and assault are different crimes under the law. Battery involves physical contact, while assault generally involves making a threat or placing someone at risk of harm.

Penalties for Felony Assault in Arkansas

A Class D felony, which can include aggravated assault, can result in confinement in prison for several years. The punishments can be even more severe for defendants who have prior violent convictions. Even when someone with a felony serves out their time, they could face life-long consequences, such as the loss of voting rights and significant barriers to finding housing and gainful employment.

If a convicted felon is released from prison early on parole, they could face highly restrictive parole conditions, such as requirements to check in with their parole officer on a regular basis, pass random drug tests, and avoid violations of the law. Failing to meet any of these conditions could result in immediate arrest and return to prison.

Understanding Your Right to Legal Counsel

Following an arrest for assault, you have the right to legal counsel. Facing a felony charge can be an unsettling experience, but you do not have to speak to law enforcement about the allegations. In fact, speaking to the police could result in self-incrimination.

Your right to an attorney means that you don’t have to face questioning, court proceedings, or negotiations by yourself. Whether you have been charged with a misdemeanor or a felony, the quality of your legal representation can make the difference between a conviction or a favorable resolution to your case that allows you to avoid the harshest penalties under the law.

FAQs

Q: Does Assault Make You a Felon?

A: Assault can be either a misdemeanor or a felony in Arkansas, depending on the severity of the offense. Simple assault is typically a misdemeanor, but aggravated assault or assault with a deadly weapon can result in felony charges. Factors like intent, injuries caused, and whether a weapon was used determine whether the charge is classified as a felony.

Q: What Is a Simple Assault Charge in Arkansas?

A: Simple assault in Arkansas is a misdemeanor charge involving threats or actions that cause another person to fear imminent harm. It does not require physical contact or injury. Common examples include verbal threats or raising a fist in a threatening manner. Penalties for simple assault may include fines, probation, or short jail sentences, depending on the circumstances.

Q: What Is the Lowest Charge of Assault?

A: The lowest assault charge in Arkansas is third-degree assault, classified as a misdemeanor. It applies when someone causes another person to fear harm without causing physical injury. This charge usually involves reckless or threatening behavior rather than intentional violence. While penalties may include fines or brief jail time, judges often consider alternatives like probation or diversion programs, especially for first-time offenders.

Q: What Is the Difference Between an Assault Charge and a Battery Charge?

A: Assault involves making someone fear imminent harm, while battery involves actual physical contact that causes injury. In Arkansas, assault is typically a lesser offense focused on threats or attempts to cause harm.

Battery is more serious because it results in physical injury. Depending on the facts, battery charges can be classified as either misdemeanors or felonies, with penalties increasing based on the severity of harm and the intent behind the act.

Schedule Your Felony Assault Charge Consultation Today

A felony assault charge in Arkansas can carry severe penalties, including prison time, hefty fines, and a permanent criminal record. Whether the situation arose from self-defense, false accusations, or a heated altercation, the prosecution will aggressively pursue a conviction. Having an experienced defense attorney in your corner can balance the playing field by giving you access to a legal counselor who understands the criminal code and how to fight your charges.

Lemley Law Partners provides dedicated legal representation for individuals facing felony assault charges across Arkansas. We understand how devastating it can feel to be accused of this type of serious crime, and we will work diligently to clear your name. Contact our office today to schedule a confidential consultation and start building your defense.