1st degree battery arkansas. 1947, § 41-1657; Acts 1995, No.
1st degree battery arkansas. Learn when domestic violence crimes result in felony penalties, firearm restrictions, and more. or Enterprise (First Aug 30, 2024 · Juan Vega Juan Vega was booked in Lonoke County, Arkansas for BATTERY - 1ST DEGREE. If you are being charged with domestic abuse, or you hear about domestic abuse or battery charges being filed against you, speak to a domestic abuse attorney immediately. 1291, § 5. Oct 6, 2020 · Aggravated Assault Charges in Arkansas Arkansas divides assault into third, second, and first degrees, with first-degree assault being the most serious. Whether you're accused of simple assault, aggravated assault, or battery, understanding Arkansas laws and your legal options is crucial. Convictions can lead to lengthy prison sentences and significant fines. Defenses to Assault and Battery Charges in Arkansas For example, a sentence of six (6) years in the ADC for Battery in the Second Degree, SL 4, CHS 0 is not a departure. Dec 1, 2023 · Arkansas uses three classifications of misdemeanors—Class A, B, and C misdemeanors. With more than a decade of legal experience, Rhoads & Armstrong provides aggressive representation for individuals accused of domestic violence in Bentonville, AR, Rogers, AR, Fayetteville, AR, Springdale, AR, and all of Benton County and Jan 3, 2024 · (a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the A. A. Filed under: Arkansas Criminal Law, Domestic Assault In Arkansas, the crime of domestic battering (or domestic assault) can come in many forms, and can be either a felony or misdemeanor depending on the circumstances. Criminal Offenses § 5-14-124. He is currently has no bond. Misdemeanors can mean jail time and fines. for legal definitions. Use of a deadly weapon to cause physical injury, the intention to cause disfigurement to an individual, purposely causing Feb 9, 2024 · Typically, second-degree battery is a felony offense. Nov 10, 2019 · What is a first degree battery charge? Assault is the threat of physical harm or an attempt to cause harm or injury to another person. Sexual assault--First degree Sep 19, 2025 · (a) A person commits domestic battering in the third degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member; (2) The person recklessly causes physical injury to a family or household member; (3) The person negligently causes physical injury to a family or household member by means of a deadly (a) A person commits murder in the first degree if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of Feb 23, 2025 · Understand the legal definition, penalties, and long-term consequences of a first-degree sexual assault conviction in Arkansas. At Rise Criminal Defense, our experienced criminal defense attorneys are dedicated to providing strong and effective legal defense. First and Second-degree battery are serious felonies. You can find these laws by ARK. Arkansas Code § 5-13-203 is amended to read as follows: 5-13-203. (a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or § 5-26-304 - Domestic Battering in the Second Degree. Failure to report computer child pornography. The degree of the offense determines the potential penalties if the prosecution convicts the person charged with the crime. Commutation Recommendations April 20, 2020 Without Merit Defined in Criminal Laws Citation: Ann. Jun 4, 2025 · The state’s failure to bring a man to trial within one year of his initial arrest required the reversal of his conviction and 60-year prison sentence for first-degree battery, the Arkansas Court Domestic Battering in Arkansas comes in different forms, or degrees. Computer child pornography. Oct 10, 2023 · If a person causes both fear and physical harm, the state can charge them with assault and battery. Domestic battering in the third degree (2) Terroristic threatening in the first degree is a Class D felony. or Enterprise (First Aug 30, 2024 · name Vega, Juan age 26 years old race U sex Male booked 2024-08-30 Charges BATTERY – 1ST DEGREE Sep 19, 2025 · (a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 3 - Offenses Involving Families, Dependents, Etc. For example, if this is the first time you have gotten in a fight with your family member, no weapons were used, and your spouse wasn't severely harmed or injured, then you might face a first-degree misdemeanor charge. 21 (a) A person commits battery in the first degree if: 22 (1) With the purpose of causing serious physical injury to 23 another person, he causes serious physical injury to any person by means of a 24 deadly weapon; or with the purpose of causing physical injury to another Jan 4, 2018 · Aaron Lay in Arkansas Faulkner County arrested for 1ST DEGREE BATTERY Facing assault and battery charges in Arkansas can be a life-altering experience, with potential penalties that include jail time, fines, and a permanent criminal record. or Enterprise (First Degree) Engaging in Continuing Gang Org. Feb 23, 2025 · Learn how Arkansas classifies crimes, determines sentences, and provides options for probation, parole, and record sealing under its criminal code. Arkansas separates assault and battery into different degrees, depending on severity. Punishment of each degree of battery depends solely on the associated felony or misdemeanor. He raised seven points on appeal: (1) substantial evidence did not support his conviction; (2) the circuit court’s refusal to recuse was an abuse of discretion; (3) the circuit court improperly denied his Batson objection; (4) the (a) (1) A prosecution for the following offenses may be commenced at any time: (A) Capital murder, § 5-10-101; (B) Murder in the first degree, § 5-10-102; (C) Murder in the second degree, § 5-10-103; (D) Rape, § 5-14-103, if the victim was a minor at the time of the offense; (E) Sexual indecency with a child, § 5-14-110, if the offense is a felony; (F) Sexual assault in the first degree Mar 28, 2024 · (i) Domestic battering in the first degree, § 5-26-303; (ii) Domestic battering in the second degree, § 5-26-304; (iii) Domestic battering in the third degree; (iv) Aggravated assault on a family or household member, § 5-26-306; or Dec 20, 2024 · Explore the nuances of Arkansas's 3rd degree battery laws, including penalties and potential defenses, to better understand your legal options. Domestic battery and assault are prosecuted zealously but the rights of the accused can sometimes be threatened in the process. Y Aggravated Residential Burglary Battery I Unlawful Female Genital Mutilation of a Minor, Knowingly Performing Unlawful Solicitation for the Relinquishment of Parental Rights in the First Degree - Duress Domestic Battery I Arson (≥ $100,000 Damage) Trafficking a Controlled Substance Engaging in Continuing Gang, Org. Understanding the precise act or intent that led to such a charge is paramount in devising a successful legal defense. 5-27-603. #Serve 70% - see Act 1326 of 1995. There Is a Newer Version of the Arkansas Code 2024 Arkansas Code 2023 Arkansas Code 2020 Arkansas Code 2012 Arkansas Code (here) View All Versions View Our Newest Version Here 2012 Arkansas Code Title 5 - Criminal Offenses Subtitle 2 - Offenses Against The Person Chapter 13 - Assault And Battery Subchapter 2 - -- Offenses Generally § 5-13-201 - Battery in the first degree. Domestic battering in the third degree is a Class A misdemeanor. A person commits battery in the third degree if: With the purpose of causing physical injury to another person, the person causes physical injury to any person; The person recklessly causes physical injury to another person; Arkansas has defined fourteen crimes that are used to prosecute sexual assault and related crimes within the state. 5-27-602. Criminal Offenses § 5-26-303. It takes strong, quick action by Below, is a list of laws that deal with domestic violence or stalking. Assault in the first degree Sexual Assault in the First Degree See “Rape—How is it defined” for additional discussion of affirmative defenses. Under current law, the penalty for Domestic battery in the first degree, § 5-26-303, is either a Class A, Class B, or a Class Y felony depending on the circumstance and offender’s criminal history. Learn the different types of sex offenses in Arkansas, Arkansas sex offender levels of classification and how to find registered sex offenders in Arkansas. Nov 15, 2016 · Arkansas Code § 5-13-201 - Battery in the First Degree (a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; Subtitle TO RECONCILE DIFFERENCES BETWEEN THE OFFENSES OF DOMESTIC BATTERING IN THE FIRST DEGREE AND BATTERY IN THE FIRST DEGREE; AND TO INCREASE THE PENALTIES FOR BATTERY OFFENSES UNDER CERTAIN CIRCUMSTANCES. Mar 5, 2025 · Davis was booked into the Sevier County Jail for first-degree domestic battery and first-degree murder. First-degree assault is an assault that can seriously or fatally injury a person or cause disfigurement. Get expert insights to protect your rights. Jun 12, 2025 · Arkansas law recognizes three degrees of assault, ranging from reckless behavior (third-degree) to dangerous, intentional acts (first-degree). Under the proposed bill, a prior conviction of §5-26-306, Aggravated assault on a family or household member, is included in the list of offenses by which a conviction of § 5-26-303 is a Class Oct 19, 2025 · Learn about violent crimes in Arkansas, including legal definitions, penalties, and potential defenses. First-degree battery is usually a felony charge that results from causing serious injury to another person with a deadly weapon or permanently disfiguring someone. com Dec 19, 2024 · Explore the criteria, penalties, and defenses related to 1st degree battery charges in Arkansas, including special considerations for vulnerable victims. Jun 27, 2001 · Because this case presents an issue of first impression regarding whether a prosecution for second-degree battery and committing a terroristic act based on the same conduct violates the Fifth Amendment's prohibition against double jeopardy, we attempted to certify the appeal to the Arkansas Supreme Court, pursuant to Arkansas Supreme Court Rule Contact UsCopyright © LegalClarity All Rights Reserved. This article will review penalties and sentencing options for misdemeanor convictions in Arkansas. Code §§ 5-26-303; 5-26-304; 5-26-305 'First-degree domestic battering' means the following: Causing serious physical injury to a family member with a deadly weapon Seriously and permanently disfiguring a family member or destroying, amputating, or permanently disabling a part of his or her body Dec 20, 2024 · Examples include first-degree battery, kidnapping, and certain arson offenses. First Degree Battery typically involves intentional serious injury to another person, such as amputation, disfigurement or permanently disabling a person, either with a deadly weapon, or with a reckless indifference to Contact UsCopyright © LegalClarity All Rights Reserved. This is a Class B felony, though it could be a Class A felony under certain circumstances. While this is not considered a departure, please use Aggravating Departure Reason 16 to note that this exception applies. Injuring someone severely during the commission of a felony could also lead to first-degree battery charges. (2) Battery in the first degree is a Class Y felony under the circumstances described in subdivision (a) (9) of this section. Ark. Chapter 26 - Offenses Involving the Family Subchapter 3 - Domestic Battering and Assault § 5-26-305. In Arkansas, there are three degrees of battery: First, Second and Third, with First Degree Battery being the most serious. May 16, 2025 · Domestic battery is typically a misdemeanor for the first and second charges, but the third charge of domestic battery is a felony. Penalties: These crimes typically carry a sentence of 10 to 40 years, or life imprisonment. First degree battery is a Class B felony, punishable by five to 20 years in prison and a fine of up to $15,000. The most serious is domestic battering in the first degree. (a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member. May 2, 2024 · Arkansas classifies first-degree battery as either a Class B or Class Y felony. Oct 19, 2025 · What Are the Different Felony Classifications in Arkansas? Arkansas law divides felonies into five main categories: 1. Refer to A. (2) However, domestic battering in the third degree is a Class D felony if: (A) Committed against a woman the person knew or should have known was pregnant; (B) For conduct that Nov 15, 2016 · § 5-26-303 - Domestic Battering in the First Degree. If convicted of this offense, you’re looking at the following consequences: Third-degree assault: Class C misdemeanor punishable by up to 30 days in jail and/or $500 fines. C. # Serve 70% - See Acts 1326 of 1995, 570 of 2011, 132 of 2013, 133 of 2013, and 1022 of 2019. Choose any law for further information . §§ 16-93-1201 et seq. Sep 19, 2025 · (a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently Assault & Battery Arkansas’ assault and battery laws are found in AR Code §5-13-201 through §5-13-211. (a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious May 8, 2019 · The state of Arkansas ranks the severity of domestic violence crimes according to the level of injury the victim suffers and the mental state of the accused. S. Furnishing a Taser Stun Gun to Person < 18 (Offense date - August 12, 2005 and thereafter) Violation of Uniform Machine Gun Act Perpetrating Crime with Machine Gun Engaging in Continuing Gang Org. Chapter 26 - Offenses Involving the Family Subchapter 3 - Domestic Battering and Assault § 5-26-303. Domestic battering in the second degree and first degree are felonies, while domestic battering in the third degree is a Ark. Assault does not require physical contact — even threats alone can lead to charges. First degree assault on family or household member. The third-degree battery is the lowest of the three and is typically a violent misdemeanor charge. Code § 5-13-202 - Battery in the second degree from 2024 Arkansas Code Aug 15, 2021 · Arkansas is within the top 15 states with the most domestic violence. Class Y Felonies Definition: The most serious classification for felonies in Arkansas, excluding capital crimes. Battery in the first degree is the most serious battery charge on the books. 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 2 - Offenses Against the Person Chapter 13 - Assault and Battery Subchapter 2 - Offenses Generally § 5-13-205. Arkansas Sentencing Standards Seriousness Reference Table Final Copy OFFENSE SERIOUSNESS RANKING TABLE FOR ALL CRIMINAL OFFENSES (IN STATUTORY NUMERICAL ORDER) + Target offense *Possible target offense Target designations are made to be helpful - refer to Acts 531 of 1993 and 577 of 1995 for legal definitions. Arkansas Code § 5-13-201 is amended to read as follows: 5-13 May 2, 2024 · Arkansas has laws prohibiting domestic battering and assault. (b) (1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person. If Bubba’s bottle attack had resulted in serious, life-threatening injuries to Leroy, the charges could escalate to first-degree battery as per Arkansas Code §5-13-201. CODE ANN. 5-27-604. If you’ve been accused of battery, it’s crucial to understand Arkansas laws and secure skilled legal representation to protect your rights. Legal defenses such as self-defense, lack of intent, or false accusations can result in charges being reduced or Oct 4, 2023 · Learn how Arkansas classifies felony crimes and penalties, when enhanced sentences apply, and how felony sentencing works. 1947, § 41-1657; Acts 1995, No. Judges have discretion within the sentencing range, allowing for consideration of mitigating or aggravating factors to tailor penalties appropriately. Arkansas classifies first-degree battery as either a Class B or Class Y felony. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Jan 1, 2024 · Arkansas Code Title 5. Examples: First-degree murder, kidnapping, and aggravated robbery. SECTION 2. (b) (1) Battery in the third degree under subdivisions (a) (1)- (4) of this section is a Class A misdemeanor. What is 3rd degree battery in Arkansas The classification of a Battery charge—and thus the potential punishment associated with a conviction—increases with the severity of the injury allegedly caused. CCC – Community Correction Center - multipurpose facilities encompassing security, punishment and services such that offenders can be housed therein when necessary but can also be assigned to or access punishment programs and services which are housed there, included therein are revocation centers, restitution centers, work release centers, and Community Correction Centers. In Bentonville and across Arkansas, a charge of first degree battery entails significant scrutiny due to its severe nature. Battery I Unlawful Female Genital Mutilation of a Minor, Knowingly Performing Unlawful Solicitation for the Relinquishment of Parental Rights in the First Degree - Duress 5-26-303 5-64-440(b) 5-74-106 (a) A person commits assault in the first degree if he or she: (1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or (2) Purposely impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person (a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member. Francis County arrested for Battery-1st Degree 2/18/1983 Offense Seriousness Ranking Table for all Criminal Offenses (In Order of Seriousness Level) + Target Offense * Possible Target Offense NOTE: Target designations are made to be helpful, but are ADVISORY ONLY. (b) First degree assault on a family or household member is a Class A misdemeanor. The crimes are labeled as degrees: First-degree battery is the most serious and carries the most severe penalties; second-degree battery is always a felony offense and third-degree battery can be elevated to a felony based on the Mar 28, 2024 · Arkansas Code Title 5. 19 follows: 20 "5-13-201. Arkansas Sentencing Standards Seriousness Reference Table FOR ALL CRIMINAL OFFENSES (IN STATUTORY NUMERICAL ORDER) + Target offense *Possible target offense Target designations are made to be helpful - refer to Acts 531 of 1993 and 577 of 1995 for legal definitions. (3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer or an employee of a correctional facility, and is acting in the line of duty. 396, § 5; A. Some of the following offenses may seem repetitious, however they are provided as a complete listing as specified by law. Statutory laws can be used to prosecute offences that are related to the victim being below the Arkansas Age of Consent, while non-statutory rape laws are often used to prosecute offences in which force or coercion was used by the assailant. Possession of sexually explicit digital material. 5-27-609. (2) Battery in the first degree is a Class Y felony under the circumstances described in subdivision (a) (2) or subdivision (a) (9) of this section. Criminal Defense Attorney for Domestic Violence Cases in Northwest Arkansas Facing domestic violence charges in Arkansas is an extremely serious matter. Battery in the first degree. Domestic battering in the first degree First-Degree Battery in Arkansas Battery in the first-degree battery is typically charged as a Class B Felony but under certain circumstances, can be charged as a Class Y Felony. Code § 5-26-305 - Domestic battering in the third degree from 2024 Arkansas Code (a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; (2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or (3 (5) The person knowingly causes physical contact with a first responder by spitting, throwing, or otherwise transferring bodily fluids, pathogens, or human waste onto the person of the first responder. In this case, the appellant, William Nelson, appealed his conviction of first-degree domestic battery by a Lonoke County jury in the Supreme Court of Arkansas. (3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer acting in the line of duty. Acts 1979, No. (a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; See full list on jhatfieldlaw. 5-14-103 Carnal abuse in the first degree – A. The key difference between first degree and second-degree assault is whether the physical harm was serious or not. Mar 28, 2024 · (a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; Sep 19, 2025 · (3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer or an employee of a correctional facility, and is acting in the line of duty. 5-27-605. Jul 7, 2009 · That can depend on the individual facts of the case. For example, a barroom brawl that ended with a few bruises will likely yield a Battery in the Third Degree charge, which is a Class A misdemeanor. 5-13-201. Rape – A. Penalties for battery in the first degree can include a fine of up to $15,000 and 5 to 20 years in prison (Class B) or 10 to 40 years in prison (Class Y). 5-14-105 Carnal abuse in the third […] Sep 11, 2025 · Arkansas State Police are investigating after an inmate was killed at the Cummins Unit prison in Gould, the agency said in a release. Nov 15, 2016 · (a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently Nov 13, 2024 · - First-Degree Battery is the most serious battery charge and is classified as a felony. The following shows circumstances in which it may go from a Class A misdemeanor to a Class D felony. However, an alleged shooting or stabbing will likely yield a Battery in the First 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 3 - Offenses Involving Families, Dependents, Etc. Approximately 40 percent of women and 30 percent of men in Arkansas experience some form of physical violence at the hands of an intimate partner in their lifetimes. May 2, 2024 · Learn how Arkansas defines and punishes aggravated assault and assault in the first, second, and third degrees. Domestic battering in the second degree is a Class C felony though it could also be a Class B felony in more serious cases. Computer exploitation of a child (1st degree). Battery in the third degree. The state divides assault and battery into several different offenses, including first-, second-, and third-degree battery, first-, second-, and third-degree assault, and aggravated assault. 2 The Supreme Court affirmed the judgment of the circuit court convicting Appellant of murder in the first degree and battery in the first degree, holding that the circuit court did not err when it denied Appellant's request to instruct the jury as to the lesser-included offenses of murder in the second degree, extreme emotional distress manslaughter, and battery in the second degree. Domestic battering in the first degree Mar 19, 2025 · Learn how Arkansas addresses domestic violence through legal definitions, protective measures, penalties, and options for record sealing. Dec 15, 2020 · First degree battery can occur in a number of situations, such as during the commission of a felony by the actor alone or with assistance from another person. 5-14-104 Carnal abuse in the second degree – A. 12-12-903 defines the offenses that require registration. This charge is used when the contact results in life-threatening injuries, or there is intent to inflict extreme harm. Class B Felony Class B felonies include offenses such as residential burglary and certain drug crimes. Below, is a list of laws that deal with domestic Arkansas sex offenses are categorized on the basis of their severity and consequent penalties. In the state of Arkansas, battery is classified under various degrees of felonies and misdemeanors. Nov 30, 2011 · Tanisha Adams in Arkansas St. Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child. Finally, Arkansas considers it first-degree battery when the victim suffers serious and permanent disfigurement or disability, such as permanently losing their sight or a limb. (a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently 2010 Arkansas Code Title 5 - Criminal Offenses Subtitle 2 - Offenses Against The Person Chapter 13 - Assault And Battery Subchapter 2 - Offenses Generally § 5-13-201 - Battery in the first degree. yfvxu 2w pc6 vkh95jxg xilu1fp cratc xa u1nrm c4edhk 4ooja