Battery Attorney in Bentonville

Charged With Battery & Not Sure What To Do Next? Call My Firm

If you have recently been arrested or charged with battery in or around Bentonville, you are probably worried about jail, your record, and what happens at your first court date. You may feel like the police or the alleged victim are not telling the full story, and you are unsure how to protect yourself. As a criminal defense attorney based here, I help people in this situation every day.

My name is Cody W. Dowden, and my practice focuses on defending people accused of crimes in Arkansas. I know how quickly a heated argument, a bar fight, or a family dispute can turn into a serious battery charge that threatens your freedom and your future. When you contact my office, my goal is to give you clear information, an honest assessment, and a plan for moving forward.

If you have been accused of physical harm, do not wait for the situation to get worse. Contact a battery attorney in Bentonville at my firm immediately. I offer a free consultation and affordable payment plans to ensure you get the defense you need. Call (479) 777-0640 or contact me online today.

Understanding Battery Laws in Arkansas

It is a common misconception that "assault" and "battery" are the same. In Arkansas, they are distinct. Assault generally involves behavior that creates a risk or fear of injury. Battery, however, occurs when there is actual physical contact that results in physical injury. 

Under Arkansas Code §§ 5-13-201 through 203, battery is divided into three degrees:

• First-Degree Battery: This is the most severe charge, typically involving "serious physical injury" caused by a deadly weapon, or injuries caused under circumstances manifesting "extreme indifference to the value of human life."
• Second-Degree Battery: This often applies if you are accused of causing physical injury to a protected employee (like a police officer, teacher, or healthcare worker) while they are performing their duties, or if you cause serious injury to a child or elderly person.
• Third-Degree Battery: This is the most common charge, involving "physical injury" caused purposely, recklessly, or even negligently with a deadly weapon.

As your Bentonville battery lawyer, I analyze the specific statutes cited in your arrest. Whether you are facing a misdemeanor or a Class Y felony, I dig into the medical records to see if the "injury" actually meets the legal definition required for the charge you are facing.

Key Elements the Prosecution Must Prove

To secure a conviction, the state must prove more than just the fact that a fight occurred. I hold the prosecution to their burden of proof regarding:

• The Culprits' Mental State: The state must prove you acted purposely, knowingly, or recklessly. If the contact was accidental, it does not constitute criminal battery.
• Causation of Injury: There must be a direct link between your actions and the physical injury reported. I often investigate whether the alleged victim had pre-existing injuries.
• Degree of Harm: For higher-level felonies, the state must prove "serious physical injury," which Arkansas defines as an injury that creates a substantial risk of death or causes protracted disfigurement or loss of function.
• Lack of Justification: In many cases, the most important element is whether the physical contact was "unlawful." If you were acting in self-defense, the state cannot meet its burden.

Penalties and Collateral Consequences of Battery Convictions in Bentonville

The consequences of a battery conviction in Arkansas depend heavily on the degree of the charge. My goal is always to avoid jail time and protect your record through every legal avenue available.

• First-Degree Battery: A Class B felony (5 to 20 years) or a Class Y felony (10 to 40 years or life) if it involves a child under four or a law enforcement officer.
• Second-Degree Battery: Usually a Class D felony, carrying up to 6 years in prison and a fine of up to $10,000.
• Third-Degree Battery: A Class A misdemeanor, punishable by up to 1 year in the county jail and a $2,500 fine.

Beyond the courtroom, a battery conviction carries heavy collateral consequences. A felony record will prevent you from owning a firearm and can make it nearly impossible to find employment in sectors like healthcare, education, or government. 

Even a misdemeanor battery conviction can trigger a lifetime ban on firearm possession under federal law if it is classified as domestic violence. Because I am focused on criminal defense, I understand these ripple effects and fight to prevent them.

Why I Defend Battery Cases in Northwest Arkansas

I chose to build my career in criminal law, and I have spent more than a decade in Arkansas courtrooms handling everything from misdemeanors to serious felonies. Before opening my firm, I served as a Deputy Prosecuting Attorney. That experience gave me a clear look at how the State evaluates cases, what evidence prosecutors rely on in battery charges, and how they approach plea offers and trials.

Today, I use that background to defend people accused of crimes. I practice regularly in Benton County and Washington County courts, and I am familiar with the procedures and expectations in these local systems. That local experience matters because it allows me to navigate hearings, filings, and scheduling in a way that is grounded in how these courts typically operate.

My work in criminal defense has been recognized by selections to Super Lawyers for 2024 and 2025 and to Rising Stars from 2017 through 2021. These honors reflect years of representing clients in high stakes matters, including cases where a conviction could have changed the course of a person’s life. I have secured dismissals and outcomes that kept serious charges off a client’s record, and I bring the same focused approach to every battery case I accept.

How I Approach Battery Defense Cases

Talk With a Battery Lawyer in Bentonville About Your Case

A battery charge is serious, but you do not have to face it alone. Having a local criminal defense attorney who understands Arkansas law and the way cases move through Benton County courts can make a meaningful difference in how you navigate the months ahead. When you contact my office, you speak directly with me about what happened, what you are charged with, and what options may be available.

To schedule your free consultation with Cody W. Dowden, Attorney at Law, call (479) 777-0640 or reach out online today.