Aggravated Assault Attorney in Bentonville

Felony Defense Backed by Prosecutor-Side Experience

An aggravated assault charge in Arkansas is a Class D felony. A conviction carries up to six years in prison, a fine of up to $10,000, and a permanent record that follows you into every background check for employment, housing, and professional licensing. I’m Cody Dowden. Before defending cases like yours, I prosecuted them as a Deputy Prosecuting Attorney in Benton County. That background shapes how I build every defense.

I’ve been practicing criminal defense in Northwest Arkansas for over 15 years. I know how aggravated assault cases move through the Benton County Circuit Court because I’ve worked those courts from both sides. The period right after an arrest is when defense decisions carry the most weight. Acting early preserves evidence and can limit your exposure to self-incrimination.

If you’re facing an aggravated assault charge in Bentonville, call Cody W. Dowden, Attorney at Law today at (479) 777-0640 for a free, confidential consultation with no obligation to hire.

What Qualifies as Aggravated Assault Under Arkansas Law

Aggravated assault is governed by Ark. Code § 5-13-204. The statute requires purposeful conduct under circumstances manifesting extreme indifference to the value of human life. It covers three categories of conduct:

• Substantial danger of death or serious injury: Engaging in conduct that creates a substantial danger of death or serious physical injury to another person
• Firearm display: Displaying a firearm in a manner that creates that same substantial danger
• Strangulation or suffocation: Impeding another person’s respiration or blood circulation by applying pressure on the chest, throat, or neck, or by blocking the nose or mouth

No physical injury to the alleged victim is required. The charge is satisfied by the creation of substantial danger alone. The strangulation provision was added by Act 2019, No. 243 and now drives a significant number of charges, particularly in domestic-violence contexts.

The mental state distinction between aggravated assault and first-degree assault, a Class A misdemeanor, is often the most contested issue in these cases. Aggravated assault requires purposeful conduct: the person consciously intended to engage in the dangerous conduct. Reckless or careless behavior, no matter how dangerous, doesn’t meet that threshold. The gap between purposeful and reckless is the gap between a felony and a misdemeanor under Arkansas law.

Penalties & Collateral Consequences of a Conviction

A Class D felony carries up to six years in prison and a fine up to $10,000. There’s no mandatory minimum. A judge may impose probation for a first-time offender or the full sentence for a defendant with significant criminal history. Prior felony convictions raise the criminal history score under Arkansas sentencing guidelines and push the presumptive sentence higher within that range.

Sentencing exposure can increase significantly beyond that baseline in certain circumstances:

• Firearm enhancement: Under Ark. Code § 16-90-120, a court may impose up to 15 additional consecutive years when the conduct involved a firearm, raising the theoretical maximum to 21 years
• Protected victim enhancement: Enhanced penalties apply when the alleged victim is a law enforcement or corrections officer, a first responder, or when the offense occurred in the presence of a child

Beyond incarceration, a felony conviction triggers a federal prohibition on possessing firearms and creates a permanent record affecting employment, housing, professional licenses, and educational opportunities. Prosecutors have three years from the date of the alleged offense to file charges under Ark. Code § 5-1-109.

Why Bentonville Residents Hire Cody Dowden for Aggravated Assault Defense

My time as a Deputy Prosecuting Attorney gives me firsthand knowledge of how Benton County prosecutors build and prioritize felony assault cases. I know which facts they focus on, how they evaluate mental state evidence, and where these cases are most vulnerable. That knowledge doesn’t come from studying prosecution strategy. It comes from doing the work.

I’ve handled criminal defense cases in Northwest Arkansas for over 15 years, consistently appearing before the judges in the courts where Bentonville aggravated assault charges are resolved. I’ve been selected to Super Lawyers in 2024 and 2025 and was named to the Rising Stars list from 2017 through 2021. The firm holds hundreds of 5-star client reviews and an AVVO 10.0 Top Attorney rating in criminal defense.

When you hire me, I handle your case. Not a junior associate. Not a paralegal. You get direct communication and a detailed action plan within hours of our first call. My practice focuses entirely on criminal defense, and I offer affordable fees with payment plans available.

Start Your Defense With a Free Consultation

A felony charge doesn’t have to define your future, but the decisions made in the early stages of your case matter enormously. I offer a free, confidential consultation with no obligation to hire. We can review your situation, talk through your options, and I can outline how I can begin building your defense right away. Payment plans are available so cost doesn’t stand between you and strong representation.

Contact Cody W. Dowden, Attorney at Law at (479) 777-0640 to schedule your free consultation today.