In domestic violence law, there are two main types of charge – battery and assault. Battery requires physical injury, while assault classically takes the form of a threat.
Think of it in terms of a scale of conflict intensity. If one partner punches a hole in the wall right next to where the other partner’s face just was, then that would likely fit under conduct “that creates a substantial risk of death or serious physical injury” — i.e., Assault on Family or Household Member in the 1st degree (§§ 5-26-307). On the other hand, if the fist actually connects with a face, then you’re looking at Domestic Battering in the third degree under AR Code § 5-26-305.
Domestic Battery Penalties
Battery in a domestic setting is certainly treated more harshly than assault in Arkansas.
With 1st and 2nd degree domestic battery, you are facing felony charges that come with harsher sentencing and fines.
- DB1 = Class B felony, but Class Y if the victim is a young child or if generally the intent is to seriously maim the victim
- DB2 = Class C felony
While 3rd degree domestic battery is a Class A misdemeanor, it imposes harsher penalties than other misdemeanors:
- You must wait (5) years after completion of your sentence before you can seal it
- You receive a lifelong ban on owning firearms under the federal Lautenberg Amendment (18 U.S.C. § 922(g) (8) and (9)). Most other misdemeanors are sealable immediately upon completion of your sentence.
- Also, a 3rd degree domestic battery charge can be upgraded to a class D felony if the alleged victim is pregnant, or if the defendant has been previously convicted of a domestic violence offense within the past 5 years.
Domestic Assault Penalties
On the other hand, with Assault on Family or Household Member, the highest charge you can get is a Class A misdemeanor. You can easily seal this record, your gun rights are not removed, and attorneys fees are often much less substantial.
We Simply Win DB3 Cases in Little Rock
If you’ve picked up a DB3 charge or any other domestic violence charge in Arkansas, you’re facing up to a year in jail and thousands in fines. Give us a call, and our attorneys will fight aggressively to get your charges dropped or reduced as low as possible.
Ludwig Law Firm
Phone: 501-868-7500
Website: ludwiglawfirm.com
Serving clients throughout Arkansas.
Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.