Ark. Code Ann. § 5-13-206 (2026)
Assault in the second degree
- A person commits assault in the second degree if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person.
- Assault in the second degree is a Class B misdemeanor.
History. Acts 1975, No. 280, § 1606; A.S.A. 1947, § 41-1606.
Research References
Ark. L. Rev.
Killenbeck, And Then They Did ? Abusing Equity in the Name of Justice, 44 Ark. L. Rev. 235.
Case Note, Criminal Liability for Attempting to Inflict the AIDS Virus: Possibilities in Arkansas' Future, 45 Ark. L. Rev. 505.
Case Notes
Acts Constituting Assault.
Shooting into a crowd was an assault upon each member of the crowd. Scott v. State, 49 Ark. 156, 4 S.W. 750 (1887) (decision under prior law).
Drawing a knife and advancing toward the prosecuting witness constituted an assault, although the prosecuting witness fled and the defendant did not follow. Wells v. State, 108 Ark. 312, 157 S.W. 389 (1913) (decision under prior law).
Where defendant drew a cocked shotgun on complainant, there was a presumption that shotgun was loaded. Ball v. State, 192 Ark. 858, 95 S.W.2d 632 (1936) (decision under prior law).
There was sufficient evidence to support the conviction for second-degree assault where defendant pushed victim from behind as she went through a door; defendant's actions created a substantial risk that the victim would be physically injured by falling on a concrete sidewalk, and it was of no consequence that victim was able to regain her balance before falling. Walker v. State, 330 Ark. 652, 955 S.W.2d 905 (1997).
Codefendants.
One defendant was not liable for an unexpected assault by his codefendant. Le Laurin v. Murray, 75 Ark. 232, 87 S.W. 131 (1905) (decision under prior law).
Defense or Justification.
A parent could defend a child against an unlawful assault by the other parent. Cox v. State, 99 Ark. 90, 136 S.W. 989 (1911) (decision under prior law).
The burden was upon the one who committed the assault to show that he was justified. Robertson v. Sisk, 115 Ark. 461, 171 S.W. 880 (1914) (decision under prior law).
While §§ 5-2-606 and 5-2-607 stated that the defendant was justified in using force or deadly force only if he reasonably believed that the situation necessitated the defensive force employed, both first-degree and second-degree assault were committed if defendant acted recklessly, under § 5-13-205 and this section, and § 5-2-614 provided that justification was not available as a defense to an offense for which recklessness suffices to establish culpability; therefore, defendant was not entitled to self-defense or justification instructions with regard to his charges for first and second-degree assault. Merritt v. State, 82 Ark. App. 351, 107 S.W.3d 894 (2003).
Evidence.
Evidence held sufficient to support conviction. Allen v. State, 64 Ark. App. 49, 977 S.W.2d 230 (1998).
Where defendant, a police officer, was charged with second-degree assault for choking an arrestee during the booking process, assuming that a special agent of the state police was qualified as an expert to testify as to the appropriate charging decision, the proffered testimony was properly excluded as it would have invaded the role of the jury as to the determination of the ultimate issue. Clark v. State, 2012 Ark. App. 496, 423 S.W.3d 122 (2012).
Lesser Included Offenses.
An assault was included in the charge of robbery. Fox v. State, 50 Ark. 528, 8 S.W. 836 (1888) (decision under prior law).
One could not violate former section dealing with the drawing of deadly weapons without also violating former section defining assault, as the element of assault entered into the higher crime. Sullivan v. State, 131 Ark. 107, 198 S.W. 518 (1917) (decision under prior law).
Court held not obligated to instruct the jury on the lesser included offense of assault in defendant's prosecution for second-degree battery. Harmon v. State, 260 Ark. 665, 543 S.W.2d 43 (1976).
While the juvenile was charged with second-degree terroristic threatening and the circuit court in effect sua sponte amended the charge when it found the juvenile guilty of second-degree assault, and second-degree assault is not a lesser-included offense of second-degree terroristic threatening, the juvenile failed to raise the due process issue at the circuit court level and therefore failed to preserve the issue for appellate review. I.K. v. State, 2018 Ark. App. 584, 564 S.W.3d 579 (2018).
Revocation of defendant's suspended sentence was appropriate; even though the evidence did not establish any physical injury to the victim to support the allegation of second-degree battery on a law enforcement officer under § 5-13-202, the Court of Appeals without invitation held that the evidence was sufficient to support the lesser-included offense of second-degree assault. Caldwell v. State, 2018 Ark. App. 588, 565 S.W.3d 539 (2018).
Separate Offenses.
Prosecution in the justice of the peace court for assault and disturbing the public peace could not constitute former jeopardy in prosecution for sodomy, as there was no relation between the misdemeanors of assault and disturbing the peace and the felony of sodomy. Verser v. State, 256 Ark. 609, 509 S.W.2d 299 (1974) (decision under prior law).
Cited: Warren v. State, 272 Ark. 231, 613 S.W.2d 97 (1981); Holloway v. State, 18 Ark. App. 136, 711 S.W.2d 484 (1986).