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Arkansas Code Annotated

Ark. Code Ann. § 5-26-308 (2020)

Second degree assault on family or household member

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member.
  2. Second degree assault on a family or household member is a Class B misdemeanor.

History. Acts 1979, No. 396, § 6; A.S.A. 1947, § 41-1658; Acts 1995, No. 1291, § 6.

A.C.R.C. Notes. This section was formerly codified as § 5-26-306.

Case Notes

Sentence.

Defendant's sentence for second-degree assault against a family member was modified to 90 days, to be served concurrently with his 15-year sentence for the burglary, because the trial court erred in sentencing him to one year of imprisonment since the sentence could not exceed 90 days. Davis v. State, 2015 Ark. App. 234, 459 S.W.3d 821 (2015).

Sufficient Evidence.

Even though defendant was not convicted of second-degree assault, there was sufficient evidence that he entered the owner's home to commit that offense, as the owner saw defendant swinging at his wife inside the home after he chased her there with a knife, and thus there was a substantial risk of injury to the wife, which showed defendant's intent; defendant's residential burglary conviction was supported by substantial evidence. Whitfield v. State, 2014 Ark. App. 380, 438 S.W.3d 289 (2014).

Defendant was properly convicted of second-degree assault against a family member because there was substantial evidence that he entered the victim's home with the purpose of assaulting her. Davis v. State, 2015 Ark. App. 234, 459 S.W.3d 821 (2015).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2025 · leading case: Davis v. State, 2015 Ark. App. 234, 459 S.W.3d 821.
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Davis v. State, 2015 Ark. App. 234, 459 S.W.3d 821. · cites it 6× “” Ark.Code Ann. § 5-26-308(a) (Repl. 2013) (emphasis added).”
Whitfield v. State, 2014 Ark. App. 380, 438 S.W.3d 289. · cites it 2× “Ark.Code Ann. § 5-26-308 (Replj42013). Adams and Patton testified that they saw appellant swinging at LaTo-ya inside Patton’s apartment after appellant had chased LaToya into the apartment.”
Amy Lindsey v. Arkansas Dep't of Human Servs. & Minor Child, 2025 Ark. App. 491. · cites it 2× “§ 5-27-207 ) and assault on family or household member in the second degree ( Ark. Code Ann. § 5-26-308 ).” At the termination hearing, Amy testified those charges had been resolved.”
Ark. Code Ann. § 5-26-308(a): 1 case
Davis v. State, 2015 Ark. App. 234, 459 S.W.3d 821. “” Ark.Code Ann. § 5-26-308(a) (Repl. 2013) (emphasis added).”
Ark. Code Ann. § 5-26-308(b): 1 case
Davis v. State, 2015 Ark. App. 234, 459 S.W.3d 821. “” Ark.Code Ann. § 5-26-308(a) (Repl. 2013) (emphasis added).”
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