Violent Offenses
Violent Offenses Attorney in Arkansas
What is the difference between violent offenses?
Violent offenses include crimes like battery, assault, terroristic threatening, terroristic acts, kidnapping, and residential burglary. Homicide and sex offenses can be and are often violent crimes, but not always. These types of cases include the harm or threat of harm to a person or property – the use of a weapon is commonly involved, but not required. Not all violent offenses are felonies – it is possible to get a violent misdemeanor charge.
Violent crimes are different than non-violent crimes because, typically, they have a victim. Another difference is that violent crimes usually carry heavier penalties.
Domestic Abuse / Battery
Domestic Abuse/Battery has 3 different levels. 3rd Degree battery is the lowest and is typically a violent misdemeanor charge. 1st and 2nd degree battery are serious felonies. The distinction between the degrees usually has to do with the degree of injury or the involvement of a weapon. If you hear of domestic abuse or battery charges against yourself, even if they aren’t officially filed yet, you need to call a domestic abuse attorney in Arkansas.
Murder / Homicide
Homicide is causing the death of another person. The type of charge placed against you is based on the accused’s mental state. There are 6 different levels of homicide in Arkansas, and they range from Negligent Homicide to Capital Murder.
Before taking a violent crime to trial,
here are some topics to discuss with your defense attorney:
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The Prosecutor/Court: It’s no secret that some Prosecutors and Judges are tougher than others. Have a conversation with your attorney about who will be in your courtroom and what they’ll be like.
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Possible Defense Strategies: Because there’s a victim involved in most violent crimes cases, the defense strategy will need to take the victim’s side of the story into account. Talk to your attorney about their initial thoughts on types of available defenses.
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Likelihood of Trial: Ask your attorney how many of these cases make it to trial and how many they win. It’s fair for you to want to know your own odds. This way, you can properly weigh your choice between bargaining and a jury trial.
Frequently asked questions
1. What constitutes a violent offense in criminal law?
In criminal law, a violent offense typically involves the use or threat of force, causing physical harm, injury, or posing a risk of injury to another person. Examples include assault, robbery, and certain domestic violence incidents.
2. How are violent crimes different from non-violent crimes?
Violent crimes involve physical harm or the threat of harm to others, while non-violent crimes typically lack this element. Examples of non-violent crimes include white-collar offenses such as fraud or embezzlement.
3. What are the different levels of Domestic Abuse/Battery charges?
Domestic abuse/battery charges vary in severity, ranging from simple assault to aggravated assault. The classification depends on factors such as the extent of injuries, use of weapons, or prior offenses.
4. What should I do if facing domestic abuse or battery charges?
If facing domestic abuse or battery charges, seek legal representation immediately. Consult with an experienced criminal defense attorney to understand your rights, potential defenses, and legal options.
5. What is the definition of Homicide in criminal law?
Homicide refers to the unlawful killing of another person. It can be classified as murder (intentional killing) or manslaughter (unintentional killing), with degrees of severity based on intent and circumstances.
6. What topics should be discussed with a defense attorney before taking a violent crime to trial?
Before trial, discuss evidence, potential witnesses, plea options, and the strength of the prosecution’s case with your defense attorney. Assess the feasibility of defense strategies and the potential outcomes of taking the case to trial.
7. How does the prosecutor/court impact a violent crime case?
The prosecutor’s role is to present evidence against the accused. The court oversees legal proceedings. Both influence the case’s trajectory, affecting plea negotiations, trial strategy, and sentencing outcomes.
8. What defense strategies are available for violent crime cases?
Defense strategies may include self-defense, lack of intent, mistaken identity, or challenging the evidence. Your attorney will tailor a strategy based on the specific circumstances of your case.
9. What factors should be considered in evaluating defense strategies for violent crimes?
Consider the strength of evidence, witness credibility, potential legal precedents, and the severity of charges. Assessing these factors helps determine the viability of defense strategies.
10. How can I assess the likelihood of my violent crime case going to trial?
Consult with your defense attorney to evaluate the strength of the case, potential plea offers, and the likelihood of success at trial. Factors such as evidence and witness credibility impact this assessment.
11. Why is it essential to discuss potential defense strategies with your attorney?
Discussing defense strategies with your attorney ensures a thorough understanding of legal options, potential outcomes, and the development of a robust defense tailored to your case.
12. How can I weigh the choice between bargaining and a jury trial in a violent crime case?
Consider factors such as the strength of the prosecution’s case, available evidence, potential sentencing, and your attorney’s advice. Evaluate the risks and benefits of each option to make an informed decision based on your circumstances.
