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What is the maximum sentence for Felony Domestic Battery 3

Customer Question
in Arkansas? JA: What state is...
What is the maximum sentence for Felony Domestic Battery 3 in Arkansas?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: It is in Arkansas. My daughter's boyfriend has been arrested for Felony Domestic Battery 3 for hitting her. It was not the first time and the judge set his bond at $50,000.00.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has had past convictions of Public Intox several years ago. He has been to jail a couple of times in the past 18 months for hitting my daughter.
Submitted: 1 year ago.Category: Criminal Law
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Answered in 2 minutes by:
10/18/2016
Criminal Lawyer: ScottyMacEsq, Lawyer replied 1 year ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 17,527
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Domestic battering in the third degree is generally a Class A misdemeanor, punishable by up to a year in jail. If the defendant knew or should have known that the victim was pregnant, or if the defendant has a previous domestic battering or aggravated assault conviction within the previous five years, the new offense is a Class D felony. Class D felonies are the least serious felonies in Arkansas, punishable by up to six years in prison and a fine of up to $10,000. (Ark. Code §§ 5-4-401, 5-4-201.)

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

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Criminal Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

Did you have any other questions before you rate this answer?

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Customer reply replied 1 year ago
As I said in the original question this is a Felony Domestic Battery 3 case because he has been arrested for the same thing twice before in less than 10 years. That automatically makes it a felony. I asked what the sentencing guidelines were for that charge. I did not receive an adequate answer. Also I was told the answer would be $5 and now they are charging me an additional $31. I am not pleased!
Criminal Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

You asked what the maximum sentence was. Quote: "What is the maximum sentence for Felony Domestic Battery 3 in Arkansas?". I understand you said felony, and a Domestic battery in the third degree with a prior is a Class D felony. I don't understand how my answer is anything less than 100% responsive to your question...

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Criminal Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

So the maximum sentence is 6 years, and a fine of $10,000.

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Criminal Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

As far as what you're charged, I have no control over that nor do I see it. I can only answer the question that you asked.

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Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,095
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor opted out.
The Arkansas Sentencing Grid is pretty broad on this charge and states 0-6 years. Generally, the minimum sentence on the repeat offender will be 36 months with them having to serve at least 70% of that sentence, the maximum sentence is 6 years. See the Arkansas Sentencing Grid: http://www.arkansas.gov/asc/pdfs/2013/2013-Bench-Book.pdf
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 121,095
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Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

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