An individual that commits assault in Arkansas can face varying degrees of charges. Depending on the severity of a defendant conduct he or she can be convicted of first, second, or third degree assault which carry misdemeanor fines and penalties or aggravated assault, which carries felony level fines and penalties.
Criminal assault in the first degree occurs when a person recklessly engages in the following conduct:
- Recklessness that creates a substantial risk of death or serious physical injury to another individual; or
- Purposefully preventing someone from breathing by blocking their airways; or
- Preventing the blood flow of an individual by applying pressure on their neck.
Assault will be deemed second degree assault if they recklessly engage in conduct that creates a substantial risk of injury to another person; and they will be convicted of third degree assault if they make another individual think that they are in danger of imminent physical injury. People that are convicted of misdemeanor assault will face an incarceration term ranging from a minimum of thirty days to a maximum of one year. Fines will range from a minimum of $100 to a maximum of one thousand.
When an individual commits the following actions he or she will be charged with aggravated assault:
- Acts with extreme indifference to the value of human life; and
- Engages in conduct that creates a high risk of danger or physical injury to another person; or
- Displays a firearm in a way that creates a high risk of danger or physical injury to another person; or
- Prevents a person from breathing by blocking their airways; or
- Prevents the blood flow of a person by applying pressure to their neck.
A defendant that is convicted of aggravated assault will face maximum prison sentences of 6 years and a maximum fine of ten thousand dollars.
Seeking Legal Help
A person that has been charged with either misdemeanor or felony assault should immediately seek the advice of an attorney. Only a criminal attorney licensed to practice law in your state can provide you with the legal expertise you need and ensure that your rights are protected.