Aggravated Assault Defense Attorney in Bentonville

Felony Assault Defense From Former Prosecutors Who Know Benton County Circuit Court

An aggravated assault charge in Arkansas is a Class D felony. That means potential prison time, a permanent record, and consequences that follow you into every job application, housing search, and professional licensing process afterward. Jonathon Nelson and Thomas Marks are the attorneys who handle your case at Nelson & Marks PLLC. Both bring former prosecution backgrounds and more than 12 years of combined trial experience, and both appear regularly in the Benton County Circuit Court, where Bentonville felony cases are heard.

Thomas Marks served as a deputy prosecuting attorney in Pulaski and Washington counties, where he handled violent felony cases and learned firsthand how the state builds charges like these. That perspective informs every defense strategy we develop today.

Facing an aggravated assault charge in Bentonville? Call (479) 202-4541 now. Don’t speak to law enforcement or prosecutors before you speak with us.

What Arkansas Law Defines as Aggravated Assault

Arkansas Code section 5-13-204 governs the charge. Under that statute, aggravated assault means purposely engaging, under circumstances manifesting extreme indifference to the value of human life, in one of three categories of conduct: creating a substantial danger of death or serious physical injury to another person; displaying a firearm in a way that creates that same danger; or impeding another person’s breathing or circulation by applying pressure to the throat, chest, or neck, or by blocking the nose or mouth. That third category, the strangulation provision, was added to the statute in 2019 and now drives a significant number of charges, particularly in domestic-violence cases.

Two elements of this definition matter to your defense. First, no physical injury is required. The state doesn’t need to prove you hurt anyone, only that your conduct created the defined level of danger. Second, the charge requires purposeful conduct under circumstances showing extreme indifference to human life. Reckless or careless behavior, no matter how dangerous, doesn’t meet that standard. Simple assault in Arkansas is a misdemeanor; this charge is a felony, and that distinction carries real consequences.

Sentencing Exposure & Collateral Consequences

A Class D felony conviction carries up to six years in prison and a fine of up to $10,000. A court may impose imprisonment, a fine, or both. When the charged conduct involves a firearm, Arkansas Code section 16-90-120 gives the court discretion to add up to 15 years of additional prison time, and that time runs consecutively, not concurrently, pushing the theoretical maximum to 21 years. Prior felony convictions push the presumptive sentence higher under Arkansas sentencing guidelines, which means defendants with a criminal history face meaningfully greater exposure within that six-year range.

Beyond the sentence itself, a felony conviction triggers a federal prohibition on possessing firearms and creates a permanent record that affects employment, housing, professional licenses, and educational opportunities. Prosecutors generally have three years from the date of the alleged offense to file charges. The early stages of a case are when defense decisions carry the most weight.

Defense Strategies for Aggravated Assault Charges

Because we’ve built cases from the prosecution side, we understand where aggravated assault charges are strong and where they aren’t. Our approach starts with reviewing every piece of discovery, including video footage, witness statements, and police reports, and identifying any constitutional or procedural violations that could affect what evidence is admissible.

Several defense angles apply specifically to this charge:

• Self-defense statutory exemption: Self-defense is written directly into section 5-13-204(c). When the conduct falls within lawful self-defense or defense of a third party, the charge shouldn’t have been filed. Arkansas’s Stand Your Ground law eliminates any duty to retreat when a person is lawfully present and not the initial aggressor.
• Mental state challenge: The charge requires purposeful conduct under circumstances showing extreme indifference to human life. Evidence that the conduct was reckless rather than purposeful, or that the danger threshold wasn’t met, can defeat the charge at trial.
• Witness credibility: Many aggravated assault cases arise from domestic disputes, bar confrontations, or incidents involving lawfully carried firearms. Statements made under stress frequently differ from what witnesses recall later, and inconsistencies between physical evidence and a complainant’s account are significant credibility attack points.
• Firearm display versus lawful carry: Whether displaying a firearm constituted a substantial danger or was a lawful exercise of carry rights requires close factual analysis. The line between the two is often contested.
• Mistaken identity and false allegations: These are common in emotionally charged situations and can be addressed through evidence review and cross-examination.

A Prior Result & What We Bring to Your Defense

Nelson & Marks PLLC previously obtained a dismissal of aggravated assault and terroristic threatening charges for a client. We don’t offer that as a promise of what your case may produce; every set of facts is different. We offer it as evidence of what thorough, experienced defense work looks like in practice.

Clients charged with aggravated assault in Bentonville work directly with Jonathon Nelson or Thomas Marks. Not a junior associate. Not a paralegal. You receive direct contact information, including personal cellphone numbers, so you can reach your attorney when questions arise. We’re familiar with the Benton County Circuit Court and the prosecutors and judges who work there, and we use that familiarity on your behalf from the first appearance through any trial.

Talk to a Bentonville Aggravated Assault Defense Lawyer Today

The period immediately after an arrest is when your choices matter most. Statements made to law enforcement before you have an attorney can be used against you at every stage of the case. Nelson & Marks PLLC offers a free, confidential consultation for anyone facing an aggravated assault charge in Bentonville and the surrounding area.

Call (479) 202-4541 or contact us through our website to speak directly with Jonathon Nelson or Thomas Marks. The consultation is free. What you say to us stays with us.