The state of Arkansas ranks the severity of domestic violence crimes according to the level of injury the victim suffers and the mental state of the accused. The crimes are labeled as degrees: First-degree battery is the most serious and carries the most severe penalties; second-degree battery is always a felony offense and third-degree battery can be elevated to a felony based on the circumstances.
First-degree domestic battery
A person commits domestic battery in the first degree against a household or family member if:
- With the purpose of causing serious physical injury, the person causes serious physical injury by means of a deadly weapon;
- With the purpose of seriously and permanently disfiguring or of destroying, amputating, or permanent disabling a member or organ, the person causes such an injury;
- The person causes serious physical injury under circumstances that demonstrate an extreme indifference to the value of human life, or
- The person knowingly causes serious physical injury to a household or family member who the person knows is either sixty years of age or older or twelve years of age or younger.
Domestic battering in the first degree is a Class B felony, which carries a sentence of up to 20 years in prison. Domestic battering in the first degree is a Class A felony if the defendant either knew or should have known that the victim was pregnant, or if the defendant has a prior domestic battering conviction within the previous five years. Class A felonies can be punished by up to 30 years in prison.
Source: https://www.womenslaw.org/laws/ar/statutes/5-13-201-battery-first-degree
Second-degree domestic battery
Someone commits domestic battering in the second degree against a family or household member if:
- With the purpose of causing physical injury, the person causes serious physical injury;
- With the purpose of causing physical injury, the person causes physical injury by means of a deadly weapon;
- The person recklessly causes serious physical injury by means of a deadly weapon, or
- The person knowingly causes physical injury to a household or family member that the person knows to be sixty years of age or older or twelve years of age or younger.
Domestic battering in the second degree is a Class C felony, carrying a maximum prison sentence of ten years. If the defendant knew or should have known that the victim was pregnant, or if the defendant has a prior domestic battering conviction within the previous five years, the new conviction for domestic battering in the second degree is a Class B felony, which has the penalty of up to 20 years in prison.
Source: https://www.womenslaw.org/laws/ar/statutes/5-13-202-battery-second-degree
Third-degree domestic battery
A person commits domestic battering in the third degree against a family or household member if:
- With the purpose of causing physical injury, the person causes physical injury;
- The person recklessly causes physical injury;
- The person negligently causes physical injury by means of a deadly weapon, or
- The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury by administering, without their consent, any drug or other substance.
Domestic battery in the third degree is a Class A misdemeanor, punishable by up to a year in jail. If the defendant knew or should have known that the victim was pregnant, or if the defendant has a previous domestic battering or aggravated assault conviction within the previous five years, the new offense is a Class D felony, punishable by up to six years in prison.
Source: https://www.womenslaw.org/laws/ar/statutes/5-13-203-battery-third-degree
