Is Domestic Battery A Felony in Arkansas?

Individuals facing domestic battery charges may ask, “Is domestic battery a felony in Arkansas?” Domestic battery is a severe criminal offense in the state of Arkansas that can be charged as either a misdemeanor or felony, depending on the case details.

According to the Arkansas Code, domestic battery in the third degree is generally a Class A misdemeanor, but, under specific conditions, it can be elevated to a Class D felony. By understanding the legal implications of a domestic battery charge, including potential defense strategies and associated penalties, those facing charges can take optimal steps to defend their rights and interests.

What Is Domestic Battery in Arkansas?

Domestic battery, also known as domestic battering in Arkansas, involves acts of harm or physical violence carried out against a household or family member. Victims can include cohabitants, spouses, children, or other people who have a close relationship with the offender. Under Arkansas law, domestic battery is characterized into three degrees, with the third degree being the least severe and the first degree being the most severe.

Arkansas Code § 5-26-305 states that an individual commits an act of domestic battering in the third degree if they cause physical injury through reckless actions, negligently cause injury through the use of a deadly weapon, or intentionally physically harm a household member or family member. Also applicable is administering substances or drugs to a household or family member without their consent, which can also be considered a drug crime under certain circumstances.

Domestic battery in the third degree is commonly classified as a Class A misdemeanor. There are, however, certain aggravating factors that can elevate it to a Class D felony.

When Does Domestic Battery Become a Felony?

Although generally a misdemeanor, domestic battery crimes can become a felony if the offense was carried out against a woman who was pregnant and the defendant knew or reasonably should have known.

A domestic battery crime can also become a felony if the offender has one of the following prior convictions for domestic violence in the past five years:

• Aggravated assault on a family or household member
• Domestic battering in the first degree
• Domestic battering in the second degree
• Prior convictions of third-degree domestic battery

Similar violations from another jurisdiction may also apply. Individuals who are convicted of felony domestic battery crimes can face serious consequences. Potential penalties include increased fines, incarceration, and a criminal or felony record that impacts all aspects of life, from professional to social to familial.

Arkansas Domestic Battery Statistics

In December 2023, law enforcement across the state of Arkansas reported a combined 1,212 aggravated assault cases, with 532 of them being cleared. Between March 2020 and December 2023, 35,717 aggravated assault cases happened at a residence or home, with over 8,420 aggravated assault victims identifying their romantic partner as the offender.

Potential Penalties for Domestic Battery in Arkansas

The penalties an individual who has been charged with domestic battery in the third degree may face are dependent on whether the crime is classified as a misdemeanor or felony. If the crime is classified as a Class A misdemeanor, they could face up to one year in jail and a fine of $2,500. They could also be sentenced to mandatory probation and required attendance at a domestic violence intervention program.

If aggravating factors apply, the offense is classified as a Class D felony, leading to a prison sentence of up to six years and a maximum fine of $10,000. As legal consequences are extremely serious for both felony and misdemeanor charges of domestic battery, it’s crucial for defendants to secure legal representation. A skilled attorney can fight back against charges by leveraging defense strategies like arguing a lack of evidence, accidental injury, or self-defense.

FAQs

Q: Is Domestic Battery Always a Felony in Arkansas?

A: No, domestic battery is not always classified as a felony in Arkansas. Domestic battery, which is the least severe classification of a domestic battery crime, is usually classified as a Class A misdemeanor. It can, however, be elevated to a Class D felony if the defendant has a prior domestic violence conviction within the past five years or if the victim is pregnant.

Q: Can You Go to Jail for Domestic Battery in Arkansas?

A: Yes, you can go to jail for domestic battery in Arkansas. A misdemeanor conviction for domestic battery can lead to a jail sentence of up to one year, while felony convictions can result in years of incarceration. A skilled domestic battery attorney can evaluate the charges you are facing to help you understand the potential associated penalties, helping you develop optimal legal strategies to fight back.

Q: Can a Domestic Battery Charge Be Expunged in Arkansas?

A: While an expungement of a criminal record is rare in Arkansas, a domestic battery misdemeanor charge may be eligible for sealing after a certain amount of time has passed following sentencing. Felony convictions for domestic battery come with much more stringent restrictions and may not be eligible for sealing. In Little Rock, check with the Pulaski County Circuit Court Clerk’s Office on West Markham Street for a Petition and Order to Seal.

Q: How Can a Lawyer Help in a Domestic Battery Case?

A: An Arkansas criminal defense lawyer can help you in your domestic battery case by scrutinizing the prosecution’s evidence, calling into question any claims made by the prosecution, negotiating a plea deal, or pushing to get alternative sentencing options. They can leverage key defense strategies to reduce or eliminate your charges.

Q: Is Domestic Battering the Same as Assault in Arkansas?

A: In Arkansas, domestic battering and assault are related but distinct offenses under the law. Domestic battering specifically involves physical harm or offensive contact against a family or household member and carries penalties tailored to the domestic relationship. Assault applies more broadly to any person and focuses on causing physical injury or creating fear of imminent harm, without requiring a domestic connection.

Lemley Law Partners Can Help

With thousands of domestic violence incidents being reported each year, courts in Arkansas take domestic battery charges very seriously. Therefore, it’s crucial to work with an experienced criminal defense attorney from Lemley Law Partners who can help you fight back. Contact us today to schedule your consultation.