Cabot Domestic Violence Attorney

The consequences are immense when you have been accused of a domestic violence crime. At this moment, you deserve the full protection of your constitutional rights and a fair, thorough examination of the facts. An experienced Cabot domestic violence attorney can help make sure that your rights are protected.

What Should You Do After a Domestic Violence Arrest?

What you do next is crucial to your case if you have been arrested and charged with domestic violence:

• Follow any orders of protection
• Avoid contacting the accuser
• Show up for all scheduled court appearances
• Hire an experienced AR domestic violence attorney

What Are the Possible Charges and Penalties for Domestic Violence?

In Arkansas, domestic violence charges involve crimes against family members or household members.

The law lays out a range of potential charges based on the severity of the alleged offense.

Domestic Battering in the First Degree 

This offense is designated when the incident involved serious physical injury through the use of a deadly weapon, caused permanent disability or disfigurement, or involved a child aged four or younger. This charge can also apply to repeat offenses of battering of a lesser degree.

The charge can be a Class B, Class A, or Class Y felony, depending on factors such as the victim’s age or if the victim was pregnant at the time of the incident.

Domestic Battering in the Second Degree

This offense is designated when the incident involves serious physical injury to a family member, reckless harm with the use of a deadly weapon, or involves a family member over the age of 60 or under the age of 12.

The charge can be a Class B or Class C felony based on prior domestic violence convictions and whether or not the victim was pregnant at the time of the incident.

Domestic Battering in the Third Degree 

This offense is designated when the incident involves physical injury to a family member through a purposeful act, negligence, or recklessness. It can also include administering a drug or other substance to a family member without their consent.

The charge can be a Class A misdemeanor or Class D felony, depending on prior domestic violence convictions.

Aggravated Assault

This offense is designated when the incident involves brandishing a deadly weapon to intimidate the victim or choking the victim.

It is a Class D felony.

First-degree Assault

This offense is designated when the incident involves reckless behavior that creates a substantial risk of serious harm or death.

It is a Class A misdemeanor.

Second-degree Assault 

This offense is designated when the incident involves reckless behavior that creates a substantial risk of physical harm.

It is a Class B misdemeanor.

Third-degree Assault 

This offense is designated when the incident involves the creation of apprehension or imminent physical harm (such as through threats).

It is a Class C misdemeanor.

As you can see, a wide range of possible charges fall under the category of domestic violence, and the law affects you in more ways than you know. The penalties for the most serious domestic violence charges can be up to 30 years in prison. Even the least serious domestic violence offenses can carry penalties of up to $500 in fines and 30 days in jail.

What Are the Possible Defenses?

When it comes time to make a defense against domestic violence charges, there are many possible paths:

• You did not commit the crime — If the abuse was actually committed by someone else, your defense might be—quite simply—that you were not the one who committed the crime.
• Self-defense — If the abuse took place during an altercation in which the accuser was physically attacking you and caused personal injury, you might have a self-defense argument to present.
• The accuser is lying — As you can see from the list of charges above, the intent and details of the attack matter a lot. If the accuser lies about key details (for instance, claiming there was a deadly weapon when there was not), you could face more serious charges based on those assertions.
• The evidence is insufficient — Our criminal justice system is designed to prove guilt beyond a reasonable doubt.
• Police misconduct — If the police mishandled evidence or any part of the investigation, it could be used as a defense in your case.

When you’re up against serious legal issues, you need criminal defense attorneys with the legal resources and understanding to reduce or drop your charges. You need Kevin Lemley Law Partners.

FAQ: Cabot Domestic Violence

Who counts as a family member for a domestic violence charge?

Domestic violence laws apply to those in a “dating relationship” as well as a spouse, former spouse, parent, child, those who share a child, or those who cohabitate.

Can I be charged with domestic violence if there was no physical contact?

Yes. Some of the laws governing assault on a family member apply to threats and intimidation alone.

Does domestic violence impact residential confinement?

Yes. The court will not order residential confinement in the home of the victim of domestic violence.

How Can a Domestic Violence Lawyer Help?

At Kevin Lemley Law Partners, our Cabot domestic violence lawyers can examine the details of your case, gather evidence, and help you mount the strongest possible defense. A domestic violence charge is a serious offense that can potentially send you to prison for years. Make sure you get the best defense possible with a Central Arkansas criminal defense attorney who understands your case—contact our law firm today or visit us at 206 Plaza Blvd Suite F, Cabot, AR 72023.