Formerly Renauro Law
DOMESTIC VIOLENCE / DOMESTIC BATTERY LAWYER IN NORTHWEST ARKANSAS
HELPING CLIENTS AVOID SEVERE CRIMINAL PENALTIES
Domestic violence and domestic battery accusations can have a serious impact on your life. Prison time, expensive fines, and damage to your personal reputation are all possibilities if you have been accused of domestic violence or domestic battery charges. The complicated nature of domestic violence and domestic battery cases means that you may have a long legal battle ahead of you. Fortunately, a team of experienced domestic violence and domestic battery lawyers can help protect your freedom and your future.
If you are facing domestic violence or domestic battery charges in Arkansas, reaching out to a team of Springdale domestic violence and battery lawyers is essential. Our team at Rise Criminal Defense is dedicated to defending our clients and reducing or removing the charges against them. Whether you are facing accusations or you have already been arrested for domestic violence or domestic battery, it is never too late to contact an experienced defense attorney. For more information and to receive a free case overview, contact our law office by calling (479) 334-0355.
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WHAT IS DOMESTIC VIOLENCE AND DOMESTIC BATTERY IN ARKANSAS?
Domestic violence is an act of abuse against a romantic partner or someone you are living with. Domestic violence can include physical abuse, emotional abuse, financial abuse, or sexual abuse. In most cases, domestic violence is enacted against an intimate partner, but it can also occur against a family member or children.
Domestic battery, while related to domestic violence, refers to specific criminal charges under Arkansas law that involve the intentional physical harm of family or household members. Under Arkansas Code, domestic battery is categorized into three degrees based on the severity of the offense and circumstances involved. Understanding the distinction between domestic violence and domestic battery is crucial for anyone facing these charges in Arkansas.
In most cases, domestic violence and domestic battery charges are brought against individuals who have shown a repeated pattern of abusive behavior. This behavior can include:
Repeatedly intimidating or manipulating a victim.
Purposefully terrorizing or coercing another individual.
Repeatedly humiliating an individual.
Domestic violence and domestic battery can also occur against another member of the household with whom the accused does not have a romantic relationship. Arkansas law defines family or household members broadly to include current and former spouses, parents and children, persons related by blood, persons who currently or previously lived together, people who have a child together, and persons who are or were in a dating relationship.
Get legal help now by calling Rise Criminal Defense at (479) 334-0355 and ensure you have a skilled criminal defense team by your side.
UNDERSTANDING DOMESTIC BATTERY CHARGES IN ARKANSAS
Domestic battery represents a specific category of criminal charges under Arkansas law that carries serious penalties and long-term consequences. Arkansas Code Title 5, Chapter 26, Subchapter 3 specifically addresses domestic battering and assault, providing detailed definitions and penalty structures for these offenses. Understanding these charges is essential for anyone facing domestic battery accusations in Northwest Arkansas.
Arkansas Code § 5-26-305: Domestic Battering in the Third Degree
Domestic battering in the third degree is the most common domestic battery charge in Arkansas. Under Arkansas Code § 5-26-305, a person commits domestic battering in the third degree if they purposefully cause physical injury to a family or household member, recklessly cause physical injury to a family or household member, negligently cause physical injury to a family or household member by means of a deadly weapon, or purposefully cause stupor, unconsciousness, or physical or mental impairment by administering drugs or other substances without consent.
Third-degree domestic battering is typically classified as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. However, the charge can be elevated to a Class D felony if committed against a pregnant woman or if the defendant has prior domestic violence convictions within five years. This enhancement can result in up to six years in prison and fines up to $10,000.
Arkansas Code § 5-26-304: Domestic Battering in the Second Degree
Second-degree domestic battering involves more serious circumstances and carries enhanced penalties. Under Arkansas Code § 5-26-304, a person commits domestic battering in the second degree if they purposefully cause serious physical injury to a family or household member, cause physical injury using a deadly weapon, recklessly cause serious physical injury with a deadly weapon, or knowingly cause physical injury to vulnerable individuals including those over 60 years old or under 12 years old.
Second-degree domestic battering is classified as a Class C felony, punishable by three to ten years in prison and fines up to $10,000. Like third-degree charges, these can be enhanced to Class B felonies if committed against pregnant women or by repeat offenders, resulting in five to twenty years in prison and fines up to $15,000.
Arkansas Code § 5-26-303: Domestic Battering in the First Degree
First-degree domestic battering represents the most serious domestic battery charges under Arkansas law. These charges involve circumstances that demonstrate extreme indifference to human life or result in serious permanent disability or disfigurement. First-degree domestic battering is classified as a Class B felony, punishable by five to twenty years in prison, with potential enhancement to Class A felony status under certain circumstances.
The severity of first-degree domestic battering charges reflects the serious nature of the alleged conduct and the state's commitment to protecting victims of domestic violence. These cases often involve complex legal and factual issues that require experienced legal representation to navigate effectively.
WHAT ARE THE PENALTIES FOR DOMESTIC VIOLENCE AND DOMESTIC BATTERY IN ARKANSAS?
Like most states, the Arkansas court takes domestic violence and domestic battery charges very seriously. Depending on the charges you are facing, you could be convicted of a misdemeanor or a felony offense. Your specific penalties will depend on the nature of the charges and your criminal history.
Penalties for misdemeanor domestic violence charges include:
Class A Misdemeanors
Class A misdemeanors are the most serious type of misdemeanors in Arkansas. A conviction can lead to one year in jail plus fines of up to $2,500. Class A misdemeanors include sexual assault, domestic battery, and assault.
Class B Misdemeanors
A conviction of a Class B misdemeanor includes a jail sentence of up to 90 days plus fines of up to $1,000. Class B misdemeanors include battery, sexual extortion, and domestic battering.
Class C Misdemeanors
Class C misdemeanors are the least serious offenses in Arkansas. A conviction can lead to 30 days in jail and a $500 fine. Class C misdemeanors include third-degree assault and assault on a family member.
Penalties for felony domestic violence charges include:
Class Y Felonies
Class Y felonies are the most serious crimes in Arkansas that are not punishable by death. A conviction could lead to up to 40 years in prison or life imprisonment. Rape is a Class Y felony.
Class A Felonies
Class A felony convictions can lead to 30 years in prison and fines of up to $15,000. Having sexual intercourse after testing HIV or AIDS positive is a Class A felony.
Class B Felonies
A Class B felony conviction can lead to five to 20 years in prison and fines of up to $15,000. Using a deadly weapon to cause serious injury to a family member is a Class B felony.
Class D Felonies
Class D felonies are the least serious felony offenses in Arkansas. Convictions can lead to six years in prison plus a fine of up to $10,000. Forcing a person to engage in prostitution is a Class D felony.
For experienced criminal defense, call Renauro Law at (479) 334-0355 and get the dedicated representation you deserve.
HOW DO YOU DEFEND AGAINST DOMESTIC VIOLENCE ACCUSATIONS?
Being accused of domestic violence is a very overwhelming experience. Fortunately, by working with our Arkansas domestic violence legal team, you can create a legal defense strategy to protect you from criminal penalties. Your specific defense strategy will depend on your criminal history and the nature of your accusations.
Attorney Ryan Renauro may use one of the following defense strategies:
False Accusations
Not all accusations of domestic violence are true. If you are involved in a family law matter, like child custody, divorce, or another contentious situation, it’s possible that your partner is using a domestic violence accusation to damage your reputation. Our team will gather evidence in your defense to prove that the allegations against you are false.
For experienced criminal defense, call Rise Criminal Defense at (479) 334-0355 and get the dedicated representation you deserve.
Self-Defense
The law allows you to defend yourself if you believe you are in danger. If you hurt someone because you feared for your life or someone else’s life, our team can claim that you were acting in self-defense.
Lack of Evidence
Many domestic violence cases are built on shaky evidence. If the prosecution does not have enough evidence to convict you, our team could argue that your case should be dismissed.
SHOULD YOU CONSULT A CRIMINAL DEFENSE ATTORNEY?
Being accused of domestic violence can lead to serious repercussions. Prison time, expensive fines, and a permanent mark on your criminal record are all possibilities. The damage these accusations can have to your reputation is extreme, especially if you are convicted.
The best way to protect yourself from domestic violence charges is by working with a lawyer at Rise Criminal Defense. Our firm has years of experience defending clients from criminal charges. For a free case overview, contact us today at (479) 334-0355.