Jacksonville, AR asked in Domestic Violence for Arkansas

Q: Yes I was assualted in clebourn co arkansas they charged him with domestic battery 3 what will they do to him

He is my cousin was letting him stay with me

Related Topics:
1 Lawyer Answer
Joshua W. Bugeja
Joshua W. Bugeja
Answered
  • Domestic Violence Lawyer
  • Fort Smith, AR
  • Licensed in Arkansas

A: Truthfully, there's no way to say with any level of certainty will happen to your cousin based on the limited information you provided. His criminal history (including whether or not he was on a suspended imposition of sentence for another crime for example, even if it was unrelated both factually and legally), the specific facts surrounding the case, and the judge presiding will all play a significant role in what happens (and if a jury becomes involved that is another moving piece which could significantly alter the outcome).

Arkansas Code Annotated § 5-26-305 lays out the requirements (known as "elements") of a Domestic Battery in the Third Degree charge and the specific circumstances can even alter whether the offense is an A Misdemeanor (punishable by up to 1 year in the county jail and/or a fine) or a D Felony (punishable by up to 6 years in the Arkansas Department of Corrections and/or a fine). Without more information, there are just too many unknowns to give you a more specific answer but, as the victim, you can speak with the prosecuting attorney's office and let them know what you believe is appropriate, whether the case is disposed of by plea deal or trial.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.