Bentonville Domestic Violence Lawyer

Former Prosecutor. 15+ Years in Benton County Courts. Fighting for You.

If you’ve been accused of domestic violence in Bentonville or anywhere in Benton County, the decisions you make in the first hours and days after an arrest matter. I’m Cody W. Dowden, and I defend individuals facing domestic violence charges throughout Northwest Arkansas. Before building my criminal defense practice, I served as a Deputy Prosecuting Attorney. That means I’ve seen firsthand how the state builds and pursues these cases. That background shapes how I approach every defense.

Domestic violence charges carry consequences that reach well beyond a potential jail sentence. Your firearm rights, your employment, your professional license, custody of your children, and your permanent record can all be affected by a single charge. An accusation alone, before any conviction, can trigger protective orders and mandatory conditions of release that restrict where you can go and whom you can contact. Acting quickly gives your defense the most room to challenge evidence, negotiate with prosecutors, and protect your record. I’ve been practicing criminal defense in Northwest Arkansas for over 15 years, and I offer a free, confidential consultation with no obligation.

Is Domestic Violence a Felony in Arkansas?

Arkansas categorizes domestic battering into three degrees based on the severity of the alleged injury and the circumstances of the offense. Where your charge falls matters immediately, because it shapes every aspect of the defense strategy, the potential penalties, and the long-term consequences you face.

Domestic Battering Degrees & Penalties

Domestic battering in the first degree is a Class B felony carrying up to 20 years in prison. It rises to a Class A felony, punishable by up to 30 years, if the defendant knew or should have known the victim was pregnant, or if the defendant has a prior conviction for domestic battering in any degree or aggravated assault on a family or household member within the previous five years. Second-degree domestic battering is a Class C felony carrying up to 10 years, rising to a Class B felony under those same aggravating circumstances. Third-degree domestic battering is a Class A misdemeanor carrying up to one year in jail, but it rises to a Class D felony carrying up to six years when aggravating factors apply, including a prior domestic battering or aggravated assault conviction within the past five years.

Who Qualifies as a Family or Household Member

Under Arkansas law, the definition of “family or household member” is broad. It covers current and former spouses, parents and children, persons related by blood, people who share a child, people who have lived together, and individuals in a current or former dating relationship. I’ve handled domestic violence cases in Benton County courts ranging from Class A misdemeanor charges through Class A felony accusations, and the defense approach differs significantly at each level.

Contact me today at (479) 777-0640 for your free consultation in Benton County and Northwest Arkansas

Domestic Violence Charges & Your Firearm Rights

The Gun Control Act of 1968, amended in 1996, added a firearm restriction for anyone convicted of a misdemeanor crime of domestic violence. Even if Arkansas doesn’t separately prohibit you from owning firearms after a misdemeanor domestic violence conviction, federal law may. Understanding what you’re charged with and what it means for your gun rights isn’t optional.

In 2015, I presented a CLE lecture titled “Understanding the Impact of Domestic Violence Charges on Firearm Rights” at two separate Continuing Legal Education courses, teaching other attorneys and judges on this issue. Licensed criminal defense attorneys are required to complete a minimum of 12 hours of CLE every year to maintain their license. After realizing how little information clients were receiving about what their pending charges could mean for their gun rights, I researched the issue thoroughly and taught other lawyers and judges myself. As a domestic violence attorney in Bentonville, I’ve worked through these firearm-rights questions in cases across Northwest Arkansas.

The Offense: Part I

The first prong of the analysis requires that the underlying offense have, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon. You don’t have to be convicted of actually using force. If you’re charged with an offense that includes force as an element, your defense attorney needs to understand how this federal restriction applies to give you accurate guidance.

The Offense: Part II

The second prong examines the domestic relationship between you and the alleged victim. The federal definition of “domestic relationship” often differs significantly from what Arkansas defines as a domestic relationship. That distinction can be decisive in protecting your firearm rights, and it’s one I analyze carefully in each case.

The Conviction

The underlying conviction must also satisfy procedural requirements: representation by counsel (or a knowing waiver of that right), and the opportunity for a jury trial. This analysis can get complicated quickly. Make sure your Benton County criminal defense attorney has reviewed both the law and the specific facts of your domestic violence case before any resolution is reached.

Consequences of Losing Your Firearm Rights

If your charge results in the loss of firearm rights under federal law, you can no longer own, possess, or transport any firearm as defined by federal law, a definition that covers nearly all modern guns, ammunition, and explosives. A narrow exception exists for black powder muzzle-loading weapons, but only if the weapon cannot fire modern rim-fire or center-fire fixed ammunition. Before relying on that exception, confirm that the specific weapon meets the federal definition.

Other Consequences of a Domestic Violence Charge

Firearm rights are only one piece of what’s at stake. A domestic violence conviction can affect professional licenses in fields that require background checks, including healthcare, education, and government employment. In Arkansas family court, a domestic violence charge or conviction is a factor judges weigh when determining child custody and visitation, which means the same case can play out in both criminal and civil proceedings at the same time. For non-citizens, a domestic violence conviction can trigger federal immigration consequences, including deportation or bars to naturalization.

Courts in Arkansas may also issue emergency protective orders at the time of arrest, imposing immediate restrictions on where you can go and whom you can contact, including your own home, before any conviction has occurred. Having a domestic violence lawyer engaged from the earliest stage matters because these consequences don’t wait for a verdict.

Can the Alleged Victim Drop the Charges in Arkansas?

This is one of the most common questions I hear from people accused of domestic violence, and the answer is important to understand. In Arkansas, the decision to drop domestic violence charges rests with the prosecutor, not the alleged victim. Once the state has filed charges, the victim can’t unilaterally dismiss them. The alleged victim can communicate their position to the prosecution, but the prosecutor weighs multiple factors before deciding whether to proceed.

Those factors include:

• Severity of the offense: The nature and extent of the alleged injury and the circumstances of the incident.
• The defendant’s criminal history: Prior convictions or a pattern of similar conduct weigh heavily in the prosecutor’s assessment.
• Whether the victim appears to be acting freely: The prosecutor can evaluate whether the victim is making their request voluntarily or under pressure from the defendant or others.
• Impact on public safety: The prosecutor considers the broader consequences of proceeding or not proceeding with the case.

Even when a victim requests dismissal, the court may still require the defendant to complete a batterer intervention program or issue a protective order. As the accused, understanding that the case doesn’t belong to the alleged victim and building a defense that doesn’t depend on that assumption is critical from day one.

Regaining Your Gun Rights After a Domestic Violence Conviction in Arkansas

Under certain circumstances, including expungement of your conviction, restoration of civil rights, and pardons, you may be able to regain your right to possess a firearm. The path to restoration depends on both Arkansas and federal law, and the two frameworks don’t always align. Working with an attorney who understands both is essential before taking any steps in that direction.

Why Hire Me as Your Bentonville Domestic Violence Attorney

My time as a Deputy Prosecuting Attorney means I’ve seen how the state constructs domestic violence cases from the inside. I know what evidence prosecutors rely on, how charging decisions get made, and where weaknesses in the state’s case are most likely to appear. Layered onto that is over 15 years of criminal defense practice before Benton County Circuit Court, where I’ve built working familiarity with the judges, prosecutors, and procedures that can shape your case.

When you hire me, you work directly with me. Not a paralegal, not a junior associate. I send clients a detailed action plan within hours of our first call and stay with the case from that first conversation through its resolution. I’ve been selected to Super Lawyers in 2024 and 2025, and I offer affordable fees and payment plans because I know the financial pressure that comes with facing serious charges. Domestic violence cases move quickly after an arrest, and getting a defense attorney involved early protects the options available to you.

Ready to talk? Call me today at (479) 777-0640 or contact me online for a free, confidential consultation. As a domestic violence lawyer in Bentonville with experience on both sides of the courtroom, I’m ready to fight for your rights and your record.