Arkansas
Arkansas Assault and Battery Laws: Degrees, Felonies and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 12 primary sources cited on this page. How we verify our legal content
In Arkansas, battery and assault are separate crimes, and the names work differently from everyday speech. Battery is the offense of causing physical injury, graded in three degrees (A.C.A. 5-13-201 to 5-13-203). Assault is the offense of creating a risk of injury or purposely creating apprehension of imminent physical injury: assault in the first, second and third degree are misdemeanors (5-13-205 to 5-13-207), and aggravated assault (5-13-204) is the felony. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Arkansas's battery and assault offenses in Title 5, Chapter 13 of the Arkansas Code (5-13-201 to 5-13-215), the domestic battering and assault offenses in Chapter 26 (5-26-302 to 5-26-309), terroristic threatening (5-13-301), the definitions in 5-1-102, the sentence and fine ranges in 5-4-401 and 5-4-201, the habitual-offender rules in 5-4-501, and the civil filing periods in 16-56-104, 16-56-116 and 16-56-130. It does not cover self-defense and justification (see Arkansas self-defense laws), protection orders (see Arkansas restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub) or city ordinances.
Assault vs. battery in Arkansas
Many people use "assault" to mean hitting someone. Arkansas law calls that battery. The base battery offense is battery in the third degree. Under A.C.A. 5-13-203(a), a person commits it if:
"(1) With the purpose of causing physical injury to another person, the person causes physical injury to any person; (2) The person recklessly causes physical injury to another person; (3) The person negligently causes physical injury to another person by means of a deadly weapon; or (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance."
Assault, by contrast, needs no injury. Assault in the third degree is committed when a person "purposely creates apprehension of imminent physical injury in another person" (5-13-207(a)). Assault in the second degree is recklessly engaging "in conduct that creates a substantial risk of physical injury to another person" (5-13-206(a)). Assault in the first degree is recklessly engaging in conduct "that creates a substantial risk of death or serious physical injury to another person," or purposely impeding "the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person" (5-13-205(a)).
All three assault degrees are misdemeanors. The felony form is aggravated assault, which requires purposeful conduct "under circumstances manifesting extreme indifference to the value of human life" (5-13-204(a)).
Arkansas battery and assault charges and penalties
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Assault, third degree | 5-13-207 | Purposely creating apprehension of imminent physical injury in another person | Class C misdemeanor | Up to 30 days; fine up to $500 |
| Assault, second degree | 5-13-206 | Recklessly engaging in conduct that creates a substantial risk of physical injury to another person | Class B misdemeanor | Up to 90 days; fine up to $1,000 |
| Assault, first degree | 5-13-205 | Recklessly creating a substantial risk of death or serious physical injury; purposely impeding breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth | Class A misdemeanor | Up to 1 year; fine up to $2,500 |
| Battery, third degree | 5-13-203(a)(1)-(4) | Causing physical injury with the purpose of causing physical injury; recklessly causing physical injury; negligently causing physical injury by means of a deadly weapon; purposely drugging another person without consent | Class A misdemeanor | Up to 1 year; fine up to $2,500 |
| Battery, third degree (first responders) | 5-13-203(a)(5) | Knowingly causing physical contact with a first responder by spitting, throwing or otherwise transferring bodily fluids, pathogens or human waste onto the first responder | Class A misdemeanor | Mandatory $2,500 fine and mandatory minimum of 30 days |
| Aggravated assault | 5-13-204 | Under circumstances manifesting extreme indifference to the value of human life, purposely engaging in conduct that creates a substantial danger of death or serious physical injury, displaying a firearm in that way, or impeding respiration or circulation by pressure on the chest, throat or neck or by blocking the nose or mouth | Class D felony | Up to 6 years; fine up to $10,000 |
| Battery, second degree | 5-13-202 | Causing serious physical injury with the purpose of causing physical injury; causing physical injury by means of a deadly weapon other than a firearm with that purpose; recklessly causing serious physical injury by means of a deadly weapon or to a child 4 or younger; knowingly injuring a person in a listed protected group (see below) | Class D felony | Up to 6 years; fine up to $10,000 |
| Battery, second degree (impaired driving) | 5-13-202(a)(3)(B) | Recklessly causing serious physical injury while operating or in actual physical control of a motor vehicle or motorboat while intoxicated or with an alcohol concentration of 0.08 or more | Class C felony | 3 to 10 years; fine up to $10,000 |
| Aggravated assault upon a healthcare worker | 5-13-215 | Purposely causing a known healthcare worker, in the course of employment, to come into contact with saliva, blood, urine, feces, seminal fluid or other bodily fluid by throwing, tossing, expelling or otherwise transferring it, under circumstances manifesting extreme indifference to the worker's hygiene and safety | Class D felony | Up to 6 years; fine up to $10,000 |
| Aggravated assault against a first responder | 5-13-213 | Knowingly spitting or transferring bodily fluids onto a first responder, or throwing an object, such as a brick, rock, bottle, projectile, firework, chemical agent or explosive device, that the person knows or reasonably should know could cause physical injury if it struck the first responder, where the contact results in serious physical injury, involves a deadly weapon, involves a dangerous firearm display, or involves strangulation or attempted strangulation | Class C felony | Mandatory $10,000 fine and mandatory minimum of 90 days; class range 3 to 10 years |
| Battery, first degree | 5-13-201 | Among the circumstances the section lists: knowingly, without legal justification, causing serious physical injury to a person known to be 60 or older or 12 or younger; causing physical injury to any person by means of a firearm with the purpose of causing physical injury | Class B felony; Class Y in the circumstances of (a)(2) and (a)(9) and when the injured person is a law enforcement officer or correctional employee acting in the line of duty | Class B: 5 to 20 years, fine up to $15,000; Class Y: 10 to 40 years or life |
| Knowingly exposing another person to fentanyl | 5-13-214 | Knowingly exposing another person to fentanyl (including skin contact, inhalation, ingestion or a needlestick), causing serious physical injury (first degree) or physical injury (second degree); prescribing, dispensing and other lawful medical handling are excluded | First degree: Class Y if the person exposed is a first responder or correctional employee, otherwise Class A; second degree: Class A for a first responder or correctional employee, otherwise Class B | Class Y: 10 to 40 years or life; Class A: 6 to 30 years; Class B: 5 to 20 years |
Prison terms come from A.C.A. 5-4-401. For felonies: Class Y, "not less than ten (10) years and not more than forty (40) years, or life"; Class A, 6 to 30 years; Class B, 5 to 20 years; Class C, 3 to 10 years; and for a Class D felony, "the sentence shall not exceed six (6) years." For misdemeanors: up to 1 year for Class A, 90 days for Class B and 30 days for Class C. Fines come from 5-4-201: up to $15,000 for a Class A or B felony, $10,000 for a Class C or D felony, $2,500 for a Class A misdemeanor, $1,000 for Class B and $500 for Class C. These are the ranges for the offense itself; the habitual-offender statute, A.C.A. 5-4-501, sets longer terms, up to life without parole, for some repeat felony convictions, described below.
Repeat felony offenders. Under A.C.A. 5-4-501(a) and (b), a person with prior felony convictions faces extended ranges: with two or three priors, for example, up to 12 years for a Class D felony and 5 to 30 years for a Class B felony, and longer ranges with four or more. Battery in the first degree, domestic battering in the first degree and Class Y aggravated assault upon a law enforcement officer or correctional employee are "felonies involving violence" under 5-4-501(d), as amended by Act 659 of 2023: a person convicted of one after two or more prior felonies involving violence must be sentenced without parole or community correction transfer (except under 16-93-615) to life for a Class Y felony, 40 years to life for a Class A felony, or 30 to 60 years for a Class B felony. Class Y aggravated assault upon a law enforcement officer or correctional employee is also a "serious felony involving violence" under 5-4-501(c): after a prior conviction for a serious felony involving violence listed there, such as murder, rape or aggravated robbery, the sentence is 40 to 80 years or life, without parole or community correction transfer (except under 16-93-615).
Definitions that decide the grade
The general definitions in A.C.A. 5-1-102 decide whether a battery is a misdemeanor or a felony:
- Physical injury means the "(A) Impairment of physical condition; (B) Infliction of substantial pain; or (C) Infliction of bruising, swelling, or a visible mark associated with physical trauma."
- Serious physical injury "means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ."
- Deadly weapon means "A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or Anything that in the manner of its use or intended use is capable of causing death or serious physical injury."
The weapon matters in a specific way. Causing physical injury with a deadly weapon "other than a firearm," with the purpose of causing physical injury, is battery in the second degree (5-13-202(a)(2)); causing physical injury to any person "by means of a firearm" with that purpose is battery in the first degree (5-13-201(a)(8)).
Battery against police, teachers, healthcare workers and other protected people in Arkansas
Battery in the second degree under 5-13-202(a)(4) applies when a person "knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be" in one of these groups, each on the condition the statute states:
- A law enforcement officer, firefighter, code enforcement officer or employee of a correctional facility while acting in the line of duty.
- "A teacher or other school employee while acting in the course of employment."
- "An individual sixty (60) years of age or older or twelve (12) years of age or younger."
- "An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty."
- "While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training," a physician, licensed emergency medical services personnel, a licensed or certified healthcare professional, or, as rewritten by Act 753 of 2025, "any other healthcare worker providing services in support of medical treatment."
- "An individual who is incompetent, as defined in § 5-25-101."
Battery in the second degree is a Class D felony. If the injury is serious enough for battery in the first degree, the grade rises: battery in the first degree "is a Class Y felony if the injured person is a law enforcement officer or an employee of a correctional facility, and is acting in the line of duty" (5-13-201(c)(3)).
Arkansas also has offenses aimed at bodily-fluid attacks and other conduct against specific workers:
- First responders. Act 1014 of 2021 defined a first responder as "a law enforcement officer, firefighter, emergency medical provider, or emergency management official, who is acting within the scope or course of his or her employment" (5-13-101). Spitting or transferring bodily fluids, pathogens or human waste onto a first responder is battery in the third degree with "a mandatory fine of two thousand five hundred dollars ($2,500) and a mandatory minimum sentence of at least thirty (30) days of imprisonment." The same act created aggravated assault against a first responder, now codified at 5-13-213, which "is a Class C felony with a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of at least ninety (90) days' imprisonment."
- Law enforcement and correctional employees. A separate section, 5-13-211, makes it aggravated assault upon a law enforcement officer or correctional employee, under circumstances manifesting extreme indifference to the personal hygiene of the officer or employee, to purposely cause a known officer or employee in the course of employment to come into contact with bodily fluid by throwing, tossing, expelling or otherwise transferring it, including contact with the skin, a face covering, a glove or the uniform (a Class D felony). It is a Class Y felony to knowingly fire a gun with the purpose of causing serious physical injury or death to an officer or employee acting within the scope of official duties in one of the circumstances the section lists, such as acting to avoid arrest or escape custody, or while in custody for a felony conviction.
- Healthcare workers. Act 753 of 2025 created aggravated assault upon a healthcare worker (5-13-215), a Class D felony, described in the table above. Under Act 313 of 2023, healthcare facilities, emergency departments, clinics and long-term care facilities must post "A written notice of the felony status under § 5-13-202(a)(4)(E) of attacking a healthcare professional, including a nurse" at patient and visitor entrances and in patient waiting areas.
- Sports officials. Act 420 of 2023 rewrote abuse of an athletic contest official (5-13-209), which applies immediately before, during or immediately after an organized athletic contest in which the official is participating, into four tiers: a Class B felony for purposely causing serious physical injury with the purpose of causing serious physical injury; a Class C felony for causing serious physical injury with the purpose of causing physical injury; a Class A misdemeanor "with a minimum fine of two thousand five hundred dollars ($2,500)" for causing physical injury with the purpose of causing physical injury; and a Class A misdemeanor for purposely creating apprehension of imminent physical injury in an athletic contest official.
Domestic battering and domestic assault in Arkansas
Chapter 26 of Title 5 sets out domestic versions of the battery and assault offenses that apply when the victim is a "family or household member." Under 5-26-302(2), that term includes a spouse, a former spouse, a parent, "A child, including any minor residing in the household," certain blood relatives, "Persons who presently or in the past have resided or cohabited together," "Persons who have or have had a child in common," and "Persons who are presently or in the past have been in a dating relationship together."
The grades:
- Domestic battering in the third degree (5-26-305) is a Class A misdemeanor. It is a Class D felony if it is "(A) Committed against a woman the person knew or reasonably should have known was pregnant," if the person committed domestic battering in any degree, aggravated assault on a family or household member, or an equivalent offense in another jurisdiction within five years before it, or if the person "committed two (2) or more offenses of battery against a family or household member" under Arkansas law or an equivalent law elsewhere within ten years before it.
- Domestic battering in the second degree (5-26-304) is a Class C felony, or a Class B felony if committed against a woman the person "knew or reasonably should have known was pregnant" or after a listed domestic offense within five years. Act 512 of 2021 added recklessly causing serious physical injury to a child four years of age or younger to both this offense and battery in the second degree.
- Domestic battering in the first degree (5-26-303) is a Class B felony, a Class Y felony in the circumstances of its subdivisions (a)(2) and (a)(7), and a Class A felony if committed against a woman the person knew or reasonably should have known was pregnant or after a listed domestic offense within five years.
- Aggravated assault on a family or household member (5-26-306) is a Class D felony. First, second and third degree assault on a family or household member (5-26-307 to 5-26-309) are Class A, Class B and Class C misdemeanors.
Act 659 of 2023, the Protect Arkansas Act, lists battery in the first degree, domestic battering in the first degree, and aggravated assault on a family or household member "if under § 5-26-306(a)(3)" (the choking form) among its "restricted release felony" offenses (16-93-1802). The release rules themselves are outside this page.
Federal law, 18 U.S.C. 922(g)(9), separately makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub explains that rule. Protection orders are covered in Arkansas restraining order laws.
Recent changes to Arkansas battery and assault law
| Act | Section | Change |
|---|---|---|
| Act 512 of 2021 | 5-13-202, 5-26-304 | Recklessly causing serious physical injury to a child four years of age or younger added to battery in the second degree and domestic battering in the second degree |
| Act 596 of 2021 | 5-13-211 | Aggravated assault upon a law enforcement officer or correctional employee rewritten, including that bodily-fluid contact covers the skin, a face covering, a glove or the uniform |
| Act 1014 of 2021 | 5-13-101, 5-13-203, 5-13-213 | First responder defined; spitting or transferring bodily fluids onto a first responder made a form of battery in the third degree with mandatory penalties; aggravated assault against a first responder created |
| Act 313 of 2023 | 20-9-105 | Healthcare facilities must post notice that attacking a healthcare professional is a felony |
| Act 420 of 2023 | 5-13-209 | Abuse of an athletic contest official split into felony and misdemeanor tiers |
| Act 739 of 2023 | 5-13-214 | New offense of knowingly exposing another person to fentanyl in the first and second degree |
| Act 659 of 2023 | 16-93-1802 | Battery in the first degree, domestic battering in the first degree and choking-form aggravated assault on a family or household member listed as restricted release felonies |
| Act 753 of 2025 | 5-13-101, 5-13-202, 5-13-215 | Healthcare worker defined; second-degree battery extended to healthcare workers providing services in support of medical treatment; aggravated assault upon a healthcare worker created |
Civil lawsuits for assault and battery in Arkansas
A criminal case and a civil lawsuit are separate. The State prosecutes the crime; a person who was injured can sue for money damages, and the result in one case does not decide the other.
The civil deadline is short. A.C.A. 16-56-104 provides: "The following actions shall be commenced within one (1) year after the cause of action shall accrue and not thereafter: (1) All special actions on the case; (2) Actions for: (A) Assault and battery; and (B) False imprisonment." If the injured person was a minor (under 18, the age of majority under A.C.A. 9-25-101) or insane when the claim arose, A.C.A. 16-56-116 allows three years after turning 18 or after the disability ends. Claims based on childhood sexual abuse have their own periods: three years from discovery under 16-56-130, and, under the Justice for Vulnerable Victims of Sexual Abuse Act (Act 1036 of 2021), a person who was a minor or disabled when subjected to listed sexual abuse may sue before reaching age 55. A person injured by conduct that would be a felony can also sue under A.C.A. 16-118-107. Other sections can affect the deadline; see Arkansas statute of limitations for the broader rules.
Related legal issues
Whether force was legally justified is a separate question under Arkansas's justification statutes; see Arkansas self-defense laws. The rules for sealing a criminal record are in Arkansas expungement laws.
Related
- Assault and battery laws by state
- Arkansas self-defense laws
- Arkansas restraining order laws
- Arkansas expungement laws
- Arkansas statute of limitations
- Tennessee assault and battery laws
- Missouri assault and battery laws
This article provides general legal information about Arkansas battery and assault laws, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Arkansas.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in Arkansas?
In Arkansas, battery means causing physical injury (A.C.A. 5-13-201 to 5-13-203). Assault covers recklessly creating a substantial risk of injury or purposely creating apprehension of imminent physical injury (5-13-205 to 5-13-207), and aggravated assault (5-13-204) is the felony form.
Is assault a felony in Arkansas?
Assault in the first, second and third degree are misdemeanors (Class A, B and C). Aggravated assault under 5-13-204 is a Class D felony, punishable by up to 6 years. Battery in the first and second degree are also felonies. Threatening to cause death or serious physical injury with the purpose of terrorizing another person is terroristic threatening in the first degree, a Class D felony (5-13-301).
What is the penalty for battery in the third degree in Arkansas?
Battery in the third degree is a Class A misdemeanor, punishable by up to 1 year (5-4-401) and a fine of up to $2,500 (5-4-201). Spitting or transferring bodily fluids onto a first responder under 5-13-203(a)(5) carries a mandatory $2,500 fine and a mandatory minimum of 30 days.
What happens if you hit a police officer in Arkansas?
Knowingly, without legal justification, causing physical injury to a person known to be a law enforcement officer acting in the line of duty is battery in the second degree, a Class D felony (5-13-202(a)(4)(A)). Battery in the first degree against a law enforcement officer or correctional employee acting in the line of duty is a Class Y felony (5-13-201(c)(3)).
Is it a felony to hit a teacher or nurse in Arkansas?
Knowingly causing physical injury without legal justification to a teacher or other school employee acting in the course of employment, or to a physician, licensed or certified healthcare professional or other listed healthcare worker while performing medical treatment or emergency medical services or in other employment relating to medical training, is battery in the second degree, a Class D felony under 5-13-202(a)(4).
Is choking someone a felony in Arkansas?
It depends on the circumstances. Purposely impeding another person's breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth is assault in the first degree, a Class A misdemeanor (5-13-205). Purposely impeding respiration or circulation under circumstances manifesting extreme indifference to the value of human life is aggravated assault, a Class D felony (5-13-204).
How long do you have to sue for assault and battery in Arkansas?
A.C.A. 16-56-104 requires actions for assault and battery to be commenced within one year after the cause of action accrues. However, a person who was a minor (under 18, the age of majority under A.C.A. 9-25-101) or insane when the claim arose has three years after turning 18 or after the disability ends (16-56-116), and claims based on childhood sexual abuse have longer periods (16-56-130; Act 1036 of 2021). Other sections can affect the deadline, so a lawyer licensed in Arkansas can say how it applies to a specific claim.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arkansas Code of 1987 Annotated
§ 5-13-203Battery in the third degree.In forcecited in 2 of our articles
(a) A person commits battery in the third degree if: (1) With the purpose of causing physical injury to another person, the person causes physical injury to any person; (2) The person recklessly causes physical injury to another person; (3) The person negligently causes physical injury to…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- McCoy v. State (Supreme Court of Arkansas 2003, 354 Ark. 322)“…end to commit the act purposely, recklessly or negligently. Ark.Code Ann. § 5-13-203(a)(2-3) (Repl.1997). Thus, without more…”
- Proctor v. State (Supreme Court of Arkansas 2002, 349 Ark. 648)“…nother person, he causes physical injury to any person...." Ark.Code Ann. § 5-13-203(a)(1)-(a)(2) (Repl.1997). Melissa and B…”
- Tackett v. State (Supreme Court of Arkansas 1989, 298 Ark. 20)“…3) (1987) and (2) battery in the third degree as defined in Ark.Code Ann. § 5-13-203(a)(3) (1987). We disagree. The thresh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Background Check Laws (2026 Guide)
§ 5-13-207Assault in the third degree.In force
(a) A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person. (b) Assault in the third degree is a Class C misdemeanor.
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-13-202Battery in the second degree.In force
(a) A person commits battery in the second degree if: (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; (2) With the purpose of causing physical injury to another person, the person causes physical injury to another…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-13-201Battery in the first degree.In force
(a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring another person or of…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-13-204Aggravated assault.In force
(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; (2) Displays a firearm in such a manner…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-13-205Assault in the first degree.In force
(a) A person commits assault in the first degree if he or she: (1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person;…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-13-206Assault in the second degree.In force
(a) A person commits assault in the second degree if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person. (b) Assault in the second degree is a Class B misdemeanor.
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-13-209Abuse of athletic contest officials.In force
(a) A person commits abuse of an athletic official if, with the purpose of causing physical injury to another person, the person strikes or otherwise physically abuses an athletic contest official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-13-211Aggravated assault upon a law enforcement officer or an employee of a correctional facility.In force
(a) A person commits aggravated assault upon a law enforcement officer or an employee of a correctional facility if: (1) Under circumstances manifesting extreme indifference to the personal hygiene of the law enforcement officer or employee of the correctional facility, the person purposely…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-26-305Domestic battering in the third degree.In forcecited in 2 of our articles
(a) A person commits domestic battering in the third degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member; (2) The person recklessly causes physical injury to a family or household…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 32 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Williams v. State (Supreme Court of Arkansas 2005, 364 Ark. 203)“…the charge was third-degree domestic battering under Ark.Code Ann. § 5-26-305 (Repl.1997). That statute provides that…”
- Bates v. Bates (Supreme Court of Arkansas 1990, 303 Ark. 89)“…6-301 to -304 (1987), and the risk or threat of such abuse, Ark.Code Ann. §§ 5-26-305 to -307 (1987). All "housemates" are pr…”
- Banks v. State (Supreme Court of Arkansas 2003, 354 Ark. 404)“…degree domestic battering, second offense, a violation of Ark. Code Ann. § 5-26-305 (Repl. 1997). On appeal, he argues tha…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5-26-304Domestic battering in the second degree.In force
(a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) With the purpose of causing physical injury to a family or household memb
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at arkleg.state.ar.us
§ 5-26-303Domestic battering in the first degree.In force
(a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-26-306Aggravated assault on a family or household member.In force
(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to a family or household…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-26-302Definitions.In force
As used in this subchapter: (1)(A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship;…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
§ 5-1-102Definitions.In forcecited in 3 of our articles
As used in the Arkansas Criminal Code: “Act” or “action” means the same as defined in § 5-2-201 ; “Actor” includes, when appropriate, a person who possesses something or who omits to act; “Conduct” means the same as defined in § 5-2-201 ; “Deadly weapon” means: A firearm or anything manifestly…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 157 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Anderson v. State (Supreme Court of Arkansas 2003, 353 Ark. 384)“…be disproved by the prosecution beyond a reasonable doubt. Ark.Code Ann. § 5-1-102(5)(C) (Supp.2001); see also Comment t…”
- Smith v. State (Supreme Court of Arkansas 2003, 352 Ark. 92)“…ise to the level of a serious physical injury as defined by Ark.Code Ann. § 5-1-102(19) (Supp. 2001). Judy testified that s…”
- AKA v. Jefferson Hosp. Ass'n, Inc. (Supreme Court of Arkansas 2001, 344 Ark. 627)“…matter, the legislature adopted Act 1273 of 1999, amending Ark.Code Ann. section 5-1-102, by adding the following definition to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Knife Laws (2026): Intent-Based Carry Rules, Arkansas Pepper Spray and Stun Gun Laws (2026)
§ 5-4-401Sentence.In forcecited in 13 of our articles
(a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations: (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life; (2) For a Class A felony, the sentence shall be not less…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 248 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Radford v. State (Court of Appeals of Arkansas 2018, 538 S.W.3d 894)“…r a Class B felony is five to twenty years' imprisonment. Ark. Code Ann. § 5-4-401 (a)(3). The final sentencing order tha…”
- Romario Waller v. State of Arkansas (Supreme Court of Arkansas 2020, 2020 Ark. 381)“…onment for first-degree murder is not illegal on its face. Ark. Code Ann. § 5-4-401(a)(1) (Repl. 1993). Moreover, this cour…”
- James Sherwood Edwards v. State of Arkansas (Court of Appeals of Arkansas 2024, 2024 Ark. App. 431)“…nge for Class D felony at not more than fifteen years) with Ark. Code Ann. § 5-4-401(a)(2) (Repl. 2013) (setting sentencing…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Arkansas Security Camera Laws: Home, Business, and HOA Rules (2026), Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)
§ 5-4-201Fines — Limitations on amount.In forcecited in 9 of our articles
(a) A defendant convicted of a felony may be sentenced to pay a fine: (1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony; (2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony;…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Jim Ray, Inc. v. Williams (Court of Appeals of Arkansas 2007, 99 Ark. App. 315)“…Trade Practices Act. Ark.Code Ann. § 4-88-103 (Repl. 2001); Ark.Code Ann. § 5-4-201(b)(1) (Repl.2006). The Act also provide…”
- Wooten v. State (Court of Appeals of Arkansas 2005, 93 Ark. App. 178)“…a $1000 fine and a jail term not to exceed one year. See Ark. Code Ann. §§ 5-4-201 (b)(1) and 5-4-401(b)(1) (Repl. 1997).…”
- Morris v. State (Supreme Court of Arkansas 2017, 518 S.W.3d 70)“…fine for a Class C misdemeanor is not to exceed $500. See Ark. Code Ann. § 5-4-201(b)(3) (Repl. 2013). The Arkans…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Surveillance Camera Laws (2026 Guide), Arkansas AI Meeting Recording Laws (2026), Arkansas Recording Laws (2026): One-Party Consent Rules
§ 16-56-104Actions with limitation of one year.In forcecited in 3 of our articles
The following actions shall be commenced within one (1) year after the cause of action shall accrue and not thereafter: (1) All special actions on the case; (2) Actions for: (A) Assault and battery;…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Faulkner v. Arkansas Children's Hospital (Supreme Court of Arkansas 2002, 347 Ark. 941)“…arred under the one-year statute of limitations set out in Ark. Code Ann. § 16-56-104 (4) (1987). Faulkner concedes this poin…”
- McQuay v. Guntharp (Supreme Court of Arkansas 1998, 331 Ark. 466)“…rred by the one-year statute of limitations, as provided in Ark.Code Ann. § 16-56-104 (Supp.1995). Attached to the motion as…”
- Milam v. Bank of Cabot (Supreme Court of Arkansas 1997, 327 Ark. 256)“…as barred by the one-year statute of limitation set out in Ark. Code Ann. § 16-56-104 (3) (Supp. 1995). They further claimed…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Statute of Limitations: Filing Deadlines by Case Type, Arkansas Defamation Laws: Libel, Slander & Suing (2026)
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Sources and References
- Arkansas Code, Title 5, Chapter 13 (5-13-201 to 5-13-215, 5-13-301), Chapter 26 (5-26-302 to 5-26-309), 5-1-102, 5-4-201, 5-4-401, 5-4-501, 9-25-101, 16-56-104, 16-56-116, 16-56-130 and 16-118-107(www.arkleg.state.ar.us).gov
- Act 1014 of 2021 (HB 1508), first responders, amending 5-13-203(arkleg.state.ar.us).gov
- Act 512 of 2021 (HB 1588), amending 5-13-202 and 5-26-304(arkleg.state.ar.us).gov
- Act 753 of 2025 (SB 435), healthcare workers, adding 5-13-215(arkleg.state.ar.us).gov
- Act 736 of 2023, amending 5-13-213(arkleg.state.ar.us).gov
- Act 313 of 2023 (SB 344), healthcare facility notices(arkleg.state.ar.us).gov
- Act 420 of 2023 (HB 1496), abuse of an athletic contest official, 5-13-209(arkleg.state.ar.us).gov
- Act 659 of 2023, Protect Arkansas Act, 16-93-1802 and 5-4-501(c), (d)(arkleg.state.ar.us).gov
- 18 U.S.C. 922, Unlawful acts (firearms)(www.govinfo.gov).gov
- Act 739 of 2023, fentanyl exposure, 5-13-214(arkleg.state.ar.us).gov
- Act 596 of 2021 (HB 1727), aggravated assault upon a law enforcement officer or correctional employee, 5-13-211(arkleg.state.ar.us).gov
- Act 1036 of 2021 (SB 676), Justice for Vulnerable Victims of Sexual Abuse Act(arkleg.state.ar.us).gov
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