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

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1 Lawyer Answer
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq.
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.

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