Aggravated Assault is one of the more common violent charges in Arkansas. It is a felony punishable by up to 6 years. To be found guilty at trial, the State of Arkansas must prove beyond a reasonable doubt that:
You, under circumstances manifesting extreme indifference to the value or human life, either
- engaged in conduct that creates a substantial danger or serious physical injury to someone;
- Displayed a firearm in a way that creates a substantial danger of death or physical injury; or
- Impeded or prevented the respiration of another person or the circulation of another person’s blood by applying pressure on the threat or neck or by blocking the nose or mouth of someone.
The code section for this is Ark. Code Ann. § 5-13-204.
There are various defenses to assault and you should consult your defense attorney before trial or plea. For example, you may have a defense of self defense or justification. It is also very very important that your attorney preserve all of your arguments at trial. For example, in a recent case at the Arkansas Court of Appeals, they found that the trial lawyer failed to properly preserve arguments during trial. As a result, his appeal could not be considered on the argument of sufficiency of the evidence. Sampson v. State, 2018 Ark. App. 160 (2018).
Our attorney, Justin Eisele, is licensed to practice in Arkansas and has been licensed in Arkansas for 13 years. He has handled hundreds of state and federal criminal defense cases across Arkansas. If you would like to contact him, feel free to email at email@example.com. Please be aware that email is not 100% safe for attorney-client communication. It is best to call our office at 301.513.7832 if you wish to talk about the details of your case.