Domestic Violence Charges in Arkansas

Arkansas charges violence against a family or household member as a separate crime called domestic battering, in three degrees. Domestic battering in the third degree is a Class A misdemeanor (up to 1 year, up to $2,500), and a Class D felony (up to 6 years) when the victim is a woman the person knew or should have known was pregnant, or the person has a qualifying prior offense within five years. Domestic battering in the second degree (for example, serious physical injury, or injury with a deadly weapon) is a Class C felony, raised to a Class B felony with a prior conviction within five years or when the victim is pregnant. Domestic battering in the first degree is a Class B felony (5 to 20 years), and a Class Y felony when it purposely causes permanent disfigurement or the victim is four or younger. Choking or otherwise impeding a family or household member's breathing or blood circulation is aggravated assault on a family or household member, a Class D felony.

Arkansas's rule on court-appointed lawyers: A person charged with an offense punishable by imprisonment who wants an appointed attorney must file a written certificate of indigency with the court, on a form approved by the Arkansas Public Defender Commission, executed under oath (a false statement is a Class D felony). An 'indigent person' is one without sufficient funds or assets to employ an attorney due to substantial financial hardship, which is presumed for people receiving public assistance (such as food stamps, TANF, Medicaid, disability insurance, public housing or SSI), earning less than two hundred percent (200%) of the federal poverty guidelines, incarcerated, or admitted to a residential mental health facility. If the court preliminarily finds the person is or may be indigent, it appoints the public defender. At the time of appointment, the court shall assess a fee of not less than ten dollars ($10.00) nor more than four hundred dollars ($400) payable to the commission, which may be waived if the court finds it too burdensome; the certificate also serves as an agreement to pay any amount the court orders. Ark. Code § 16-87-213 and related definitions (Act 502 of 2021, approved 4/1/21)

Lawyers set their own fees, and Arkansas has rules on how they may charge. See hiring a criminal defense lawyer in Arkansas for fee rules, how to check a lawyer's license and free help.

How release before trial works in Arkansas: A judicial officer conducts a pretrial release inquiry before or at the defendant's first appearance, assessing factors such as employment, finances, family relationships, residence, character and prior record. The judicial officer shall set money bail only after determining that no other conditions will reasonably ensure the defendant's appearance in court. If money bail is set, the officer requires one of: an unsecured bond; an unsecured bond with a cash or securities deposit equal to ten per cent (10%) of the bond (ninety per cent (90%) returned if conditions are met); or a bond secured by the full amount in cash, property or qualified sureties. In setting the amount the officer considers facts relevant to the risk of willful nonappearance, including residence in the community, employment and financial condition, family ties, reputation and mental condition, past response to legal process, prior record including violence, people who vouch for the defendant, and the nature of the charge and likely sentence. For non-felony charges, a defendant may be allowed to post a specified sum that may be forfeited or applied to a fine and costs in lieu of appearing. Ark. R. Crim. P. 8.5, 9.2 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Arkansas expungement and record sealing rules.