TOPIC TUESDAY

This week's topic is the different types of battery and assault. Battery is categorized into three different levels, first, second and third degree, with first degree being the worst. Battery in the first degree normally involves a deadly weapon or very serious injuries and even hospitalization. There are also age groups involved in battery in the first degree, such as individuals under the age of twelve or over the age of 60. Battery in the first degree is a class B felony and is able to move to a class Y felony, if applicable. Battery in the second degree is classified as causing serious physical injury to another person, sometimes with means of a deadly weapon that is not a firearm. Battery in the second degree has the same age groups as battery in the first, but there are also career categories, such as law enforcement/first responder, healthcare worker, teacher, or a physician. Battery in the second degree can be a class D felony or a class C felony. Battery in the third degree normally involves minor injuries and bruising and is considered a class a misdemeanor.

All battery charges can be considered domestic battery if they are against a family or household member. These statute codes are completely different from regular battery, but the punishments are in the same realm. Domestic battery also has the same injury types as the battery statutes.

Assault is also categorized into three levels, first, second and third degree, with first being the worst, but there is also a charged called aggravated assault. Aggravated assault is a crime committed when someone creates substantial danger of death or serious physical injury to another person or displays a firearm in a dangerous manner; it can also be when someone impedes or prevents respiration or circulation of blood by applying pressure on the chest, throat, or neck of another person. Aggravated assault is considered a class D felony. Assault in the first degree is defined as recklessly engaging in conduct that creates substantial risk of death or serious injury to another person. It can also be when someone purposely impedes or prevents respiration or blood circulation by applying pressure on the throat or neck. Assault in the first degree is considered a class a misdemeanor. Assault in the second degree happens when someone recklessly engages in conduct that creates a substantial risk of physical injury to another person and is a class B misdemeanor. Assault in the third degree is when someone creates apprehension of imminent physical injury to another person and is a class C misdemeanor.

Just like the battery charges, assault charges can also be considered domestic if they are against a family or household member.

Battery and assault charges are very different but have similar wording and punishments.

The chart below shows classes of felonies and what the possible punishments are.

Class Y felony: 10-40 years in the Arkansas Department of Corrections Class A felony: 6-30 years in the Arkansas Department of Corrections and/or fine of $15,000 Class B felony: 5-20 years in the Arkansas Department of Corrections and/or fine of $15,000 Class C felony: 3-10 years in the Arkansas Department of Corrections and/or fine of $10,000 Class D felony: 0-6 years in the Arkansas Department of Corrections and/or fine of $10,000
Misdemeanors include a variety of fines and possible county jail time.

We hope this topic Tuesday gives a little more knowledge into the different types of assault and battery statutes.