Aggrevated Assault
Criminal charges are serious matters that can be intimidating for anyone to face – especially alone. When you’re facing aggravated assault charges, you need an attorney you can trust. Bobby Digby and the Digby Law Firm are experienced criminal defense lawyers ready to stand up to prosecutors on your behalf. We fight for your rights, and our winning record in criminal defense cases speaks for itself. When you’re faced with aggravated assault charges, you need Bobby Digby and the Digby Law Firm on your side.
What is Aggravated Assault?
Assault charges in Arkansas are divided into classifications depending on the intent of the alleged offender, whether the allegation includes the use of a firearm, and the seriousness of the specific situation. Aggravated assault is the most serious charge in this range of criminal offenses, followed by assault in the first, second, and third degrees. While the other forms of assault are classified as misdemeanors, aggravated assault is a felony charge.
Arkansas classifies aggravated assault as a Class D felony. Aggravated assault occurs when a person, manifesting extreme indifference to the value of human life, purposely:
- Applies pressure on the throat or neck or blocks the nose or mouth of another person to impede their breathing or blood circulation,
- Flashes, brandishes, or displays a firearm in a manner that creates a significant danger of death or physical injury to another person, or
- Commits an act that creates a significant danger of death or serious physical harm to another person or engages in conduct that does so.
Key to these charges is that an alleged offender must have been acting purposely to cause serious injury or death to another person. That means that the prosecution must prove to a judge that the alleged offender has consciously intended to cause a specific result. If an alleged offender or defendant in an aggravated assault case, for instance, threatens to shoot someone and then displays a firearm or threatens to kill or seriously injure someone and then chokes them, they have most likely committed aggravated assault.
Another key component to aggravated assault charges is serious physical injury. This determination is usually made by the judge in the case. Serious physical injury can mean a physical injury that creates a substantial risk of death or a physical injury that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.
What Are the Penalties for an Aggravated Assault Conviction?
If you’re convicted of aggravated assault in Arkansas, you could be subject to the following penalties:
- Incarceration for up to 6 years (or 10 years if the act was committed in the presence of a child younger than 16)
- Fines of up to $10,000
- Additional fines if the offender realized any pecuniary gain from the act
- Probation following incarceration
- Community service determined by the Court
- Restitution for necessary medical and related expenses, funeral and related services, and up to $50,000 of income lost by the victim
In addition, an aggravated assault conviction means the offender is a felon, which can include life-long impacts such as:
- Loss of voting and jury service rights
- Inability to own or possess firearms and certain other weapons
- Difficulty traveling abroad
- Inability to get jobs in certain fields
- Difficulty obtaining housing and certain public social benefits
What Should I Do if I’m Charged with Aggravated Assault?
If you’re charged with aggravated assault or suspect you may be charged with aggravated assault, contact an attorney immediately. If you are arrested on aggravated assault charges, invoke your Fifth Amendment right to remain silent and do not answer questions without your attorney present. Do not resist arrest or attempt to flee from the police, and do not leave the state where you were charged with aggravated assault.
Trust the Digby Law Firm with Your Aggravated Assault Case
Bobby Digby and the Digby Law Firm are here for you. If you or someone you know is facing aggravated assault charges, call us today for a free consultation and to get started on your legal defense. Our team will stand up to prosecutors and argue your case with experience and professionalism. Don’t lose any time in this legal process! Call the Digby Law Firm today at (501) 500-9292.
