Legal Terms to Know About Assault Charges

Aggravated Assault:  (a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person;

(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or

(3) Impedes or prevents the respiration of another person or the circulation of another person’s blood by applying pressure on the Continue reading

Expungement Legal Terms

Expungement and/or Sealing:  “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Effect of Expungement and/or sealing:  A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law. Continue reading

Public Intoxication Legal Terms

Public intoxication:  A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:

(1) The person is likely to endanger himself or herself or another person or property; or

(2) The person unreasonably annoys a person in his or her vicinity.

Public place:  “Public place” means a publicly or privately owned place to which the public or a substantial number of

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Battery & Domestic Battery Legal Terms

Battery: The nonconsensual touching of, or use of force against, the body of another with the intent to cause harmful or offensive contact.

Domestic battering in the first degree:  A person commits domestic battering in the first degree if:

(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon;

(2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member’s body,

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Drug & Alcohol Possession – Legal Terms to Know

Criminal possession: The unlawful possession of certain prohibited articles, such as illegal drugs or drug paraphernalia, firearms, or stolen property.

Constructive possession:  or dominion over a property without actual possession or custody of it. — Also termed effective possession.

Joint Possession:  Possession shared by two or more persons.

Simple possession: The possession of a controlled substance with no aggravating circumstances such as intent to sell.

Probable cause: A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.  Under the Fourth Amendment, probable cause — which amounts to more than a bare suspicion but less than evidence that would justify a conviction — must be shown before an arrest warrant or search warrant may be issued. Continue reading

Arkansas Shoplifting and Petty Theft Laws

Defining Theft Under Arkansas Law

Theft occurs when a person knowingly (Ark. Code Ann. § 5-36-103.):

  • takes another person’s property with the intent of depriving the owner of the property,
  • exercises unauthorized control over another person’s property
  • makes an unauthorized transfer of a property interest, or
  • takes another person’s property by deception or threat.

Arkansas laws identifies several specific types of theft, including: Continue reading

Arkansas Theft Crime and Shoplifting Crime Definitions

Theft and Shoplifting Definitions you might need to know

Antishoplifting or inventory control device means a mechanism or other device designed and operated for the purpose of detecting the removal from a store or business establishment or from a protected area within a store or business establishment;

Article means any object, material, device, or substance or copy of an object, material, device, or substance, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map;

Copy means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article;

Deception means: Continue reading

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