Question about what a charge against my husband means.

[nikkiz26]

I am in Arkansas and my husband was recently arrested for domestic battery. The official charge they gave his is as follows (just copied and pasted from local booked website):
Charges:

* BATTERY 3RD (ENHANCED)

Charge: 5-13-203A( - BATTERY - 3RD / D241 {Type: M}

I know is Arkansas 3rd degree battery is a class A misdemeanor, but I am not sure what the enhanced part of this charge is/means. In the 5 years we have been together I have never reported the abuse so I know there aren't Thank you in advance

[marinepilot]

I'm not from Arkansas, but I would think you'd need to read what the charge reads, not just the title of it. The Enhancement will be explained in the description of the crime.

Here is the statute to which you refer above:

5-13-203. Battery in the third degree.

(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 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.

(b) Battery in the third degree is a Class A misdemeanor.

HISTORY: Acts 1975, No. 280, § 1603; A.S.A. 1947, § 41-1603.

Since it doesn't say what the enhancement is, I'm betting it's because it's domestic. In Florida if it is domestic violence (DV) the person can NOT bond out before he / she sees a judge.

And I'm wondering what you mean by

"In the 5 years we have been together I have never reported the abuse so I know there aren't"

There aren't what?

[valycop]

Here's what's on the website, but I couldn't find anything related to 203A.

5-13-203. Battery in the third degree.

(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 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.

(b) Battery in the third degree is a Class A misdemeanor.

Here's the link

LexisNexis® Custom Solution: Arkansas Code Research Tool

[nikkiz26]

There aren't what?

Sorry about that; I got up to make the baby a bottle and thought I finished the sentence. There aren't any previous DV charges against him in the past 5 years. According to his ex wife there are some from when they were married, but I'm not sure how true that is or when it happened. They divorced well over 10 years ago.

I'm just so confused on all this stuff. Cause they have different things listed for "battery" and "domestic battery" on the booked website and various other Arkansas law websites. I'm just trying to find out any answers to what kind of sentence his is looking at. There were children in the home at the time, but all of them were asleep because the incident happened around 11pm. So, i'm not sure if that is going to make a difference or not.

Thank you for your help :-)

[valycop]

Sorry about that; I got up to make the baby a bottle and thought I finished the sentence. There aren't any previous DV charges against him in the past 5 years. According to his ex wife there are some from when they were married, but I'm not sure how true that is or when it happened. They divorced well over 10 years ago.

I'm just so confused on all this stuff. Cause they have different things listed for "battery" and "domestic battery" on the booked website and various other Arkansas law websites. I'm just trying to find out any answers to what kind of sentence his is looking at. There were children in the home at the time, but all of them were asleep because the incident happened around 11pm. So, i'm not sure if that is going to make a difference or not.

Thank you for your help :-)

Nikki, none of us are going to be able to answer how much if any time he will receive that will be up to the judge hearing the case.

[nikkiz26]

Here's what's on the website, but I couldn't find anything related to 203A.

That's the same problem I keep coming across.

[nikkiz26]

I understand that no one can really tell me what will happen for sure. I don't want him back here or anything, but I also don't want him in jail for this. Yeah, it sucks about what he did to me, but I'm not in the hospital and don't have majory injuries from it. When I reported it I mainly just wanted to get a No Contact order....I had no intentions of pressing charges or anything. I just needed the police report for the No Contact. Next thing I know he is in cuffs. I kinda feel like I messed up his future life.

Is there anyway for me to get a copy of the charges so I can find out what the enhanced portion is?

[mcsap]

It would not be uncommon for the enhancement to be that kids were in the home. Even if they weren't in the room.

Just like selling drugs within 1,000 ft of a school or daycare.

Or DUI with a kid under 12 in the car ( even if the kid wasn't hurt).

It isn't that the kids were INVOLVED , it's that they were in the home.

[Joeyd6]

You didn't mess up his future....he messed up his life when he laid hands on you.

And a order of protection is just a piece of paper......remember that. Divorce...child support and move.

[nikkiz26]

I kinda thought the enhancement was because they were in the home. I know I didn't mess things up for him, it was his decision to lay his hands/feet on me, but with everything his family is saying about me I feel like I should have never reported it. I'm happy to be out of the situation, but I'm sick of what they are saying about me as well.

[TEXASCOP]

I know you are in Arkansas but they may have something similar in their statutes as we do here in Texas. If officers arrive and discover any type of evidence of family violence (you admit to them that he assaulted you in any way or the officers can see visible injuries) The state can pick up the charges weather you want to pursue charges or not.

[marinepilot]

I know you are in Arkansas but they may have something similar in their statutes as we do here in Texas. If officers arrive and discover any type of evidence of family violence (you admit to them that he assaulted you in any way or the officers can see visible injuries) The state can pick up the charges weather you want to pursue charges or not.

Same here in Florida. All domestic violence cases are pressed by the State, not the victim.

[JR180]

Its the same in my state. If I have evidence of an assault that is domestic I am required to make an arrest of the predominate aggressor. There is no mutual combat in a domestic relationship here.

My advice to the OP is to cooperate with the prosecution. Your husband will never stop his abusive behavior, regardless of what he tells you he will not be able to stop himself without getting some type of treatment. Domestic abuse is a cycle and if he beat his ex-wife as well you should be able to see this. It doesn't matter that he didn't put you in the hospital this time because there is still no excuse for assaulting your spouse. Make sure you have the protection order in place and that you understand what is specified in it. Some types of orders say that you cannot try to contact him either. Move out and go someplace safe and file for divorce. There is plenty of assistance out there for victims of domestic violence so do not think that you are dependent on your husband.

[retdetsgt]

I kinda thought the enhancement was because they were in the home. I know I didn't mess things up for him, it was his decision to lay his hands/feet on me, but with everything his family is saying about me I feel like I should have never reported it. I'm happy to be out of the situation, but I'm sick of what they are saying about me as well.

That's pretty common. Reporting it was the smartest thing you ever did. I've worked homicides that were the end results of years of abuse. Either the abuser kills the victim or the victim finally just loses it and kills the abuser. It can happen to anyone who stays in those situations. Screw his family, life is too short to put up with that. Keep your resolve and good luck!