Being charged with assault in Arkansas can feel overwhelming, especially if you don’t fully understand the charge or what legal defenses may be available to you. Assault charges are taken seriously by Arkansas courts, and a conviction — even for a lesser offense — can result in jail time, fines, and a permanent criminal record.
At Bobby Digby Law, we’re often asked:
- What qualifies as assault in Arkansas?
- What’s the difference between assault and battery?
- What defenses can I use in an assault case?
- Will I go to jail for assault?
This blog will break down the degrees of assault charges in Arkansas and explore legal defenses that can help protect your future.
What are Assault Charges Under Arkansas Law?
In Arkansas, assault generally refers to threatening or attempting to cause physical injury to another person, even if no physical contact occurs. Assault is different from battery, which involves actual physical contact or injury.
Arkansas law classifies assault into three degrees, depending on the seriousness of the threat or behavior:
Third-Degree Assault (A.C.A. § 5-13-207)
This is the least serious assault charge and is considered a Class C misdemeanor.
You can be charged with third-degree assault if you:
- Recklessly engage in conduct that creates a substantial risk of physical injury to another person.
Example:
- Waving a weapon in someone’s direction without intending to use it, but causing fear or panic.
Penalties:
- Up to 30 days in jail
- A fine of up to $500
Second-Degree Assault (A.C.A. § 5-13-206)
This is a more serious charge and is classified as a Class B misdemeanor.
You may be charged with second-degree assault if you:
- Purposely place another person in fear of imminent serious physical injury using a deadly weapon.
Example:
- Pointing a loaded gun at someone during a heated argument.
Penalties:
- Up to 90 days in jail
- A fine of up to $1,000
First-Degree Assault (A.C.A. § 5-13-205)
This is the most serious form of assault and is a Class A misdemeanor.
You may be charged with first-degree assault if you:
- Purposely create a substantial danger of death or serious physical injury to another person.
Example:
- Throwing a heavy object at someone’s head with the intent to harm, even if you miss.
Penalties:
- Up to 1 year in jail
- A fine of up to $2,500
Assault vs. Battery: What’s the Difference?
Many people confuse assault with battery, but the two are legally distinct in Arkansas:
- Assault = Threat or attempt to cause harm (no physical contact required)
- Battery = Actual physical injury or offensive physical contact
If you are accused of both threatening and physically injuring someone, you could be charged with both assault and battery, or only battery depending on the facts.
Possible Defenses to Assault Charges in Arkansas
Every assault case is unique, and the best defense depends on the facts of your situation. At Bobby Digby Law, we’ve successfully defended clients using a variety of legal strategies.
Here are some common defenses to assault charges in Arkansas:
1. Self-Defense
If you reasonably believed you were in danger and used appropriate force to protect yourself, you may be legally justified.
2. Defense of Others
Protecting another person from harm can be a valid defense, as long as the threat was real and your response was proportionate.
3. Lack of Intent
Intent is a key element in assault charges. If your actions were accidental or misinterpreted, you may not be criminally liable.
4. False Accusations
Unfortunately, some assault allegations arise from misunderstandings or personal conflicts. If there’s evidence that the accusation is false or exaggerated, your attorney can work to have the charges dismissed.
5. No Reasonable Fear
For assault to be proven, the alleged victim must have experienced a genuine, reasonable fear of harm. If that fear wasn’t reasonable, the charge may not hold.
What Should You Do If Charged with Assault?
Assault charges — even misdemeanors — should never be taken lightly. A conviction can affect your ability to get a job, apply for housing, and maintain a clean criminal record. If you’ve been accused of assault in Arkansas, here’s what you should do:
- Do Not Speak to Police Without a Lawyer
Anything you say can be used against you in court. Wait to consult an attorney before making statements. - Gather Evidence
Take note of witnesses, surveillance footage, or any communication that may support your side of the story. - Hire a Criminal Defense Attorney
An experienced lawyer can evaluate the evidence, identify weaknesses in the prosecution’s case, and advocate for a favorable outcome.
Key Takeaways
- Arkansas law recognizes three degrees of assault, ranging from reckless behavior (third-degree) to dangerous, intentional acts (first-degree).
- Assault does not require physical contact — even threats alone can lead to charges.
- Legal defenses such as self-defense, lack of intent, or false accusations can result in charges being reduced or dismissed.
- A conviction can have lasting consequences, so it’s critical to have experienced legal representation.
Get the Legal Help You Deserve
At Bobby Digby Law, we understand the stress and uncertainty that comes with facing criminal charges. If you’ve been charged with assault in Arkansas, don’t wait — get a skilled defense attorney on your side. We’ll help you understand your options, build your defense, and fight for the best possible outcome.
Contact us today for a free consultation.