Ark. Code Ann. » Title 5 Chapter 13
Arkansas Code Annotated

Ark. Code Ann. § 5-13-207 (2020)

Assault in the third degree

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person.
  2. Assault in the third degree is a Class C misdemeanor.

History. Acts 1975, No. 280, § 1607; A.S.A. 1947, § 41-1607.

Research References

Ark. L. Rev.

Killenbeck, And Then They Did ? Abusing Equity in the Name of Justice, 44 Ark. L. Rev. 235.

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).

Where defendant admitted that he committed third-degree assault against victim by kicking and banging at the victim's door in an attempt to gain entry, the circuit court did not err in denying defendant's motion for directed verdict on the attempted burglary charge as defendant completed a substantial step towards entry by severely damaging victim's door and left only when the police were in the area. Davis v. State, 368 Ark. 351, 246 S.W.3d 433 (2007).

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).

Evidence.

There was sufficient evidence to support a conviction where defendant, after police officer ordered him to halt, backed up until he was behind a car, pulled a pistol out of his pocket, and peered over the top of the car as if to locate the officer's position. Wooten v. State, 32 Ark. App. 198, 799 S.W.2d 560 (1990).

Defendant could not be convicted of assault in the third degree because there was no evidence that defendant created an apprehension of imminent physical injury in the officer. Swaim v. State, 78 Ark. App. 176, 79 S.W.3d 853 (2002).

Defendant's motion for directed verdict was properly denied where there was sufficient evidence to convict defendant of residential burglary, § 5-39-201(a)(1), and third degree assault; defendant took steps to hinder the victim's ability to summon help by turning off the power and pulling out the phone lines, and the fact that defendant had a potentially deadly weapon on his person could at least raise an inference that he intended to, at the very least, place victim in fear for her physical well-being. Diggs v. State, 93 Ark. App. 332, 219 S.W.3d 654 (2005).

Juvenile's adjudications for two counts of third-degree assault were supported by the evidence, as one victim testified that the juvenile threatened to hit her on her buttocks so hard that it would hurt, and then he did hit her so hard that it made her scream and left a hand-shaped bruise, and the other victim testified that the juvenile grabbed her hoodie, pulled it away from her chest, and reached his hand into her bra, and this victim jerked away, pushed her hoodie back to her chest, and went home. P.J. v. State, 2019 Ark. App. 315, 578 S.W.3d 307 (2019).

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).

Assault in the third degree is a lesser included offense of aggravated assault. Wooten v. State, 32 Ark. App. 198, 799 S.W.2d 560 (1990).

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).

Time Period Involved.

Where defendant pointed rifle at two men grading road on what defendant believed to be his land, then threatened to shoot them when they started to grade again, defendant was properly convicted of terroristic threatening rather than a misdemeanor assault under this section since there is no language in § 5-13-301 to indicate that the terrorizing must occur over a prolonged period of time. Warren v. State, 272 Ark. 231, 613 S.W.2d 97 (1981).

Cited: Davis v. State, 12 Ark. App. 79, 670 S.W.2d 472 (1984); Mosley v. State, 2016 Ark. App. 353, 499 S.W.3d 226 (2016).

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1990–2025 · leading case: Mosley v. State, 2016 Ark. App. 353, 499 S.W.3d 226.
Sort: Relevance Newest Treatment
Mosley v. State, 2016 Ark. App. 353, 499 S.W.3d 226. · cites it 2× “Ark. Code Ann. § 5-13-207 (Repl. 2013). An individual commits battery in the third degree when, with the purpose of causing physical injury to another person, the individual causes physical harm to any person.”
Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017). · cites it 2× “Ark. Code Ann. § 5-13-208 . Ark. Code Ann.”
P.J. v. State, 2019 Ark. App. 315, 578 S.W.3d 307. · cites it 4× “Pursuant to Ark. Code Ann. § 5-13-207 (a) (Repl. 2013), a person commits third-degree assault if he purposely creates apprehension of imminent physical injury in another person.”
Harris v. State, 35 S.W.3d 819 (Ark. Ct. App. 2000). · cites it 2× “She argues that based upon Wooten and Johnson, supra, this court should reduce her conviction to assault in the third degree, pursuant to Ark. Code Ann. § 5-13-207 (Repl. 1997). Arkansas Code Annotated section 5-13-204(a) (Repl.”
Wooten v. State, 799 S.W.2d 560 (Ark. Ct. App. 1990). · cites it 2× “Ark. Code Ann. § 5-13-207 (1987) provides, “[a] person commits assault in the third degree if he purposely creates apprehension of imminent physical injury in another person.”
Carter v. State, 200 S.W.3d 906 (Ark. 2005). · cites it 2× “To prove first-degree battery under § 5-13-207, the State must show the defendant had both the intent to cause physical injury to another person by means of a firearm and that such injury resulted.”
Davis v. State, 246 S.W.3d 433 (Ark. 2007). · cites it 2× “Davis admits that he committed third-degree assault against Kindig under Ark. Code Ann. § 5-13-207 (a), but he argues that committing third-degree assault does not mean that he had the purpose to harm Kindig once he gained entry to her apartment.”
Kalob Franke v. Clinton William Holland Revocable Trust Uad August 9, 2010, 2021 Ark. App. 310, 633 S.W.3d 772. “8 § 5-13-203 (Repl. 2013) (third-degree battery); Ark.”
Swaim v. State, 79 S.W.3d 853 (Ark. Ct. App. 2002). · cites it 2× “Arkansas Code Annotated section 5-13-207 (Repl. 1997) provides, “[a] person commits assault in the third degree if he purposely creates apprehension of imminent physical injury in another person.”
Diggs v. State, 219 S.W.3d 654 (Ark. Ct. App. 2005). · cites it 2× “” Ark. Code Ann. § 5-13-207 (a) (Repl. 1997).”
Mario Banuelos-Jimenez v. Merrick B. Garland, 67 F.4th 806 (6th Cir. 2023). · cites it 2× “2019), the Arkansas Court of Appeals affirmed the defendant’s conviction under Ark. Code Ann. § 5-13-207 , which is identical to Banuelos-Jimenez’s statute of conviction but for the requirement that the victim be a family or household member.”
United States v. Daniels, 316 F. Supp. 3d 949 (N.D. Tex. 2018). “Ann § 13-1203(A)(2) ; Ark. Code Ann. § 5-13-207 (a) ; Mo. Ann. Stat.”
Show all 13 citing cases →
Ark. Code Ann. § 5-13-207(a): 1 case
Minor Child v. State of Arkansas, 2025 Ark. App. 224.
Ark. Code Ann. § 5-13-207(a)(1): 1 case
Carter v. State, 200 S.W.3d 906 (Ark. 2005). “To prove first-degree battery under § 5-13-207, the State must show the defendant had both the intent to cause physical injury to another person by means of a firearm and that such injury resulted.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.