Defending Against Domestic Battery or Assault Charges in Arkansas

Arkansas is within the top 15 states with the most domestic violence. Approximately 40 percent of women and 30 percent of men in Arkansas experience some form of physical violence at the hands of an intimate partner in their lifetimes. Domestic battery and assault are prosecuted zealously but the rights of the accused can sometimes be threatened in the process. It takes strong, quick action by a defense lawyer to combat such allegations effectively.

In Arkansas, domestic assault or battery charges can be made only by someone within your family or household or with whom you’ve had an intimate relationship. This includes:

• A current or former spouse
• A current or former dating partner
• A parent or child
• Someone who currently or previously lived with you
• Someone with whom you have a child

First- or second-degree domestic violence is a felony, while third-degree domestic violence is a misdemeanor. Even a misdemeanor conviction can force you to leave your home or prevent you from having contact with loved ones. No matter what level of offense you’re charged with, you will need a qualified criminal defense lawyer to protect you from injustice.

Possible defenses to domestic violence charges are:

• False allegations — Allegations of violence are often made with ulterior motives. The accuser may be looking for a leg up in a child custody case, have a mental or emotional disorder or simply be vindictive.
• Self-defense — You have the right to defend yourself if your partner instigates a violent incident. But to establish self-defense, you much show evidence that the accuser was in fact the aggressor and that your response was reasonably necessary for your protection.
• Accident — This defense asserts that the injury was unintentional. However, you could still be found guilty of third-degree domestic battery (the least serious charge) if you negligently injured your partner.

Your lawyer also can analyze incident reports and medical reports in order to prove that the injuries your partner suffered were not caused by the alleged assault.

Contact our Little Rock attorneys today

The James Law Firm is devoted to protecting the rights of those accused of crimes, including domestic violence. We encourage you to call our Little Rock office at (501) 375-0900 or contact us online to talk to a lawyer about your situation and find out how we can help. Hablamos español.