Assault & Battery
“Assault” and “battery” are terms whose meanings vary by jurisdiction.
An assault and battery lawyer can help you understand the charges you’re facing and begin building a strong defense. Contrary to popular belief, in Arkansas “assault” does not refer to a physical act of violence resulting in injury to another person. Rather, it refers to conduct that creates a risk of such injury and/or death. “Battery,” on the other hand, refers to similar conduct that actually results in a physical injury to another person.
An example to illustrate. Someone throws a brick at another person’s head. If that second person ducks and the brick flies over their head, then the first person has committed Assault. However, if the second person does not duck and the brick hits them in the face and leaves a black eye, then the first person has committed Battery.
The classification of a Battery charge—and thus the potential punishment associated with a conviction—increases with the severity of the injury allegedly caused. 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. However, an alleged shooting or stabbing will likely yield a Battery in the First Degree charge, which is a Class B felony carrying the possibility of up to 20 years in prison. A Battery in the First Degree charge may be enhanced to a Class Y felony that carries the potential for a Life sentence when involving a child age four or below or a law enforcement officer.
Battery charges are serious, and convictions frequently result in sentences involving incarceration. Further, a Battery conviction of any kind—even a misdemeanor—cannot be sealed for a minimum of five years, if at all.
Battery cases need to be investigated as quickly as possible in order to maximize the chances of locating witnesses, surveillance or other video recordings, and other favorable evidence. Your attorney needs to get to work immediately building your defense—whether that is seeking to prove an alibi, or seeking to show some kind of justification such as self-defense.
How an Assault and Battery Lawyer Can Help
An experienced assault and battery lawyer can investigate the allegations, identify witnesses and available evidence, and evaluate defenses such as self-defense or mistaken identity. Acting quickly can be especially important when surveillance footage, witness memories, or other evidence may become harder to obtain over time.
If you or a loved one are facing Battery charges, call our experienced team to start the process of building your defense today!
Learn More About
Assault and Battery Charges in Arkansas
What is the difference between assault and battery in Arkansas?
In Arkansas, assault generally involves conduct that creates a risk or danger of physical injury, while battery involves conduct that actually causes physical injury to another person. The exact charge and potential penalties depend on the circumstances, including the seriousness of the injury and whether a weapon was involved.
Can assault or battery charges be a felony in Arkansas?
Yes. Some assault and battery offenses in Arkansas can be charged as felonies. For example, aggravated assault is generally a felony, while first-degree battery is typically a Class B felony and may carry even more serious consequences in certain circumstances. The specific charge depends on factors such as the alleged conduct, injuries, weapons involved, and the identity of the alleged victim.
Can self-defense be used against an assault or battery charge?
Self-defense may be available in an assault or battery case when a person reasonably believed that physical force was necessary to protect themselves or another person from unlawful physical force. However, whether self-defense applies depends heavily on the facts of the incident, including who initiated the confrontation and the amount of force used. An assault and battery lawyer can review the evidence and determine whether self-defense or another legal defense may apply.
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