Have you Been Charged with Battery in Arkansas?
Under Arkansas law, a person may be charged with the offense of assault or battery. The two offenses may look similar, but they are not the same legally. An assault ordinarily occurs when a person puts another person in substantial risk or fear of physical injury such as by threatening bodily harm. Battery occurs when a person causes serious physical injury or disfigurement to another person.
Under Arkansas criminal law, battery is a more serious crime with more serious consequences than assault. If you face criminal charges, regardless of the charge involved, your future is on the line. At the Law Office of Jason M. Hatfield, P.A. our criminal defense attorneys are in your corner. Contact us today at 479-361-3575 for your free, no obligation consultation.
What should you do when a battery charge is filed against you?
If you have not consulted with an attorney before the charge is filed against you, the first thing you need to do is contact The Law Office of Jason M. Hatfield, P.A. to speak with a competent, experienced criminal defense attorney. If there are any facts or materials, such as videos or pictures, that may aid in your defense, you need to gather them and bring them with you to your consultation.
You should not respond to the charge or do anything pertaining to your case before speaking to our office. Do not discuss the situation with your family, friends or the police. When dealing with the police, you should always exercise your right to remain silent. Discussing the incident with anyone other than your attorney could severely hamper your case, as anything you say may be used against you.
Types of Battery Crimes in Arkansas
Arkansas battery crimes are divided into battery in the first degree, battery in the second degree, and battery in the third degree.
Battery in the First Degree
Battery in the first degree is generally a Class B Felony, but under certain circumstances, battery in the first degree may be charged as a Class Y Felony, the most serious of all felony charges in Arkansas.
A person may be charged with battery in the first degree when he or she purposefully causes serious physical injury displaying an extreme indifference to the value of human life. Battery includes a person acting with the purpose of seriously and permanently disfiguring another person or destroying, amputating or permanently disabling a member or organ of another person’s body.
You can be charged with battery whether you are acting alone or with one or more other people. If during the commission of a felony your accomplice commits a battery, you can be charged for the battery along with your accomplice.
If the injury is to a law enforcement officer acting in the line of duty, battery in the first degree will be considered a Class Y felony, the most serious category of felony charges in Arkansas. If the battery is committed upon any person four years old or younger, under circumstances manifesting extreme indifference to the value of human life, the battery may also be charged as a Class Y felony.
Battery in the first degree may carry a sentence between five and forty years to life depending on the circumstances. Contact our office today if you face these charges.
Battery in the Second Degree
Battery in the second degree is a Class D Felony. The offense is charged when the person purposefully, recklessly or knowingly causes serious physical injury to another person. The physical injury may include the use of a weapon other than a firearm, such as a vehicle, boat or other object.
Battery in the second degree may carry a punishment of imprisonment for up to 6 years.
Battery in the Third Degree
Battery in the third degree is a Class A Misdemeanor. This offense occurs when a person purposely, recklessly or negligently causes physical injury to another person. The offense may also occur when a person purposefully causes stupor, unconsciousness or physical or mental impairment or injury to another person by administering to the other person without consent, any drug or other substance.
If convicted of battery in the third degree, you may face imprisonment up to one year.
How an Experienced Arkansas Criminal Defense Attorney Can Help
If you face battery charges in the first, second or third degree, it is crucial that you act quickly in securing legal representation. As soon as you hire us, we begin laying the groundwork for your defense. You do not want to face a battery charge alone. Call us today for experienced, competent legal representation.
If you want to know more about how our experienced criminal defense lawyers can help you, please contact the Law Office of Jason M. Hatfield, P.A. today at 479-361-3575 for your free, no obligation consultation of your criminal defense case.