Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Jun 2007
    Posts
    3

    Default Disorderly Conduct and Battery Charge in Arkansas

    We were at a restaurant having drinks with some friends. Everyone was drinking except for me. I was the designated driver. My husband was just drunk enough to mis-interpret a conversation I was having with our waitress regarding our bill. She had charged some of the same drinks to two tickets and the other guy had already paid for some of the drinks, so I told her I would pay for all the drinks except the ones that he had already paid for. She told me she would not take the drinks off and I told her that was fine I wouldn't sign the ticket and my credit card company would dispute the bill. My husband started telling her in a loud voice that we weren't trying to get out of paying the bill and he didn't appreciate her implying we were. A girl standing behind him said "why don't you just pay your bill." She then blew cigarette smoke over his head. He turned to her and asked her to take her "cancer stick away from him." Her boyfriend pushed the back of his chair and it was on. My husband jumped up and pushed the guy outside where a group of bikers (guys and girls) were standing. I was inside so I didn't see what happened from that point on, but a friend of ours said that the bikers & my husband were throwing punches and then they shoved my husband to the ground and kicked him for about a minute before our friend was able to drag him out from the pummeling. My husband was charged with 5 counts of battery, public intoxication and disorderly conduct. He was the only one arrested and the only one with a swollen, bruised and gashed face. They did not give him a breathelizer and they did not read his Miranda Rights. The witnesses they questioned were drunk and they let them drive off after questioning. It honestly felt like we were living out a scene from "Deliverance"

    We aren't sure what to do from here. Are these felony charges and do we have any chance of having them dropped? I have the feeling the $50 discrepancy in our bill is going to cost us much more.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Disorderly Conduct and Battery Charge in Arkansas

    You didn't specify first, second or third degree battery, so I included them all.

    From Arkansas statutes:

    5-71-207. Disorderly conduct.
    (a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she:

    (1) Engages in fighting or in violent, threatening, or tumultuous behavior;

    (2) Makes unreasonable or excessive noise;

    (3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;

    (4) Disrupts or disturbs any lawful assembly or meeting of persons;

    (5) Obstructs vehicular or pedestrian traffic;

    (6) Congregates with two (2) other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law;

    (7) Creates a hazardous or physically offensive condition;

    (8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or

    (9) In a public place, exposes his or her private parts.
    (b) Disorderly conduct is a Class C misdemeanor.


    5-13-201. Battery in the first degree.
    (a) A person commits battery in the first degree if:

    (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon;

    (2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person;

    (3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;

    (4) Acting alone or with one (1) or more other persons:
    (A) The person commits or attempts to commit a felony; and
    (B) In the course of and in furtherance of the felony or in immediate flight from the felony:
    (i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or
    (ii) Another person who is resisting the felony or flight causes serious physical injury to any person;

    (5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child;

    (6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive;

    (7) The person intentionally or knowingly, without legal justification, causes serious physical injury to a person he or she knows to be twelve (12) years of age or younger; or

    (8) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm.
    (b) It is an affirmative defense in any prosecution under subdivision (a)(4) of this section in which the defendant was not the only participant that the defendant:

    (1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or aid the battery's commission;

    (2) Was not armed with a deadly weapon;

    (3) Reasonably believed that no other participant was armed with a deadly weapon; and

    (4) Reasonably believed that no other participant intended to engage in conduct that could result in serious physical injury.
    (c) Battery in the first degree is a Class B felony.

    5-13-202. Battery in the second degree.
    (a) A person commits battery in the second degree if:

    (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to any person;

    (2) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a deadly weapon other than a firearm;

    (3) The person recklessly causes serious physical injury to another person by means of a deadly weapon; or

    (4) The person intentionally or knowingly, without legal justification, causes physical injury to a person he or she knows to be:

    (A)(i) A law enforcement officer, firefighter, or employee of a correctional facility while the law enforcement officer, firefighter, or employee of a correctional facility is acting in the line of duty.
    (ii) As used in this subdivision (a)(4)(A), "employee of a correctional facility" includes a person working under a professional services contract with the Department of Correction, the Department of Community Correction, or the Division of Youth Services of the Department of Health and Human Services;

    (B) A teacher or other school employee while acting in the course of employment;

    (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger;

    (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty;

    (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training:
    (i) A physician;
    (ii) A person certified as an emergency medical technician, as defined in § 20-13-202;
    (iii) A licensed or certified health care professional; or
    (iv) Any other health care provider; or

    (F) An individual who is incompetent, as defined in § 5-25-101.
    (b) Battery in the second degree is a Class D felony.

    5-13-203. Battery in the third degree.
    (a) A person commits battery in the third degree if:

    (1) With the purpose of causing physical injury to another person, the person causes physical injury to any person;

    (2) The person recklessly causes physical injury to another person;

    (3) The person negligently causes physical injury to another person by means of a deadly weapon; or

    (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance.
    (b) Battery in the third degree is a Class A misdemeanor.

    5-71-212. Public intoxication - Drinking in public.
    (a) 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.
    (b) Public intoxication is a Class C misdemeanor.
    (c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage:

    (1) In any public place;

    (2) On any highway or street;

    (3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or

    (4) In or about any depot, platform, waiting station or room, or other public place.
    (d) Drinking in public is a Class C misdemeanor.
    (e) The provisions of this section shall not be construed to prohibit or restrict the consumption of an alcoholic beverage when consumed as a part of a recognized religious ceremony or ritual.
    Information on Miranda Rights

    It is possible that some may get dropped. No one can tell you with certainty what will happen.

    Your husband really needs an attorney.

    Quote Quoting MariaR
    I have the feeling the $50 discrepancy in our bill is going to cost us much more.
    Your feeling is 100% correct.

  3. #3
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Disorderly Conduct and Battery Charge in Arkansas

    Thanks for the information. It was very helpful. From the events that took place, it sounds like the battery charges won't stick (They didn't put a battery degree on the report). We will get an attorney.

    Thanks again!!

  4. #4
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Disorderly Conduct and Battery Charge in Arkansas

    Here is an update - so far we have paid almost $3,000 for an attorney and fines. Now one of the participants - the one that pushed my husbands back - has filed a lawsuit basically requesting we support him the rest of his life because his back hurts too bad to lay tiles for a living. It's amazing how he feels good enough to go back to the same bar on a regular basis. He would also like puntitive damages up to $1,000,000. We are going to a civil attorney and paying a $2,500 retaining fee. This has become a very expensive night out.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Disorderly Conduct and Battery Charge in Arkansas

    Did you check with your homeowner's policy to see if they will provide coverage? Given the facts, I am skeptical that they would, but if they do the legal fees should be paid by the insurance company.

    1. Sponsored Links
       

Similar Threads

  1. Disorderly Conduct: Disorderly Conduct Charge - What's Next
    By NDKris in forum Criminal Charges
    Replies: 1
    Last Post: 12-05-2009, 08:37 AM
  2. Assault & Battery: Battery and Disorderly Conduct
    By GohanBurner in forum Criminal Charges
    Replies: 4
    Last Post: 05-19-2009, 02:15 PM
  3. Sex Offenses: Disorderly Conduct Plea to a Lewd Conduct Charge
    By Ellery in forum Criminal Charges
    Replies: 8
    Last Post: 11-08-2007, 05:15 PM
  4. Assault & Battery: Disorderly Conduct Charge
    By confusedanddazed in forum Criminal Charges
    Replies: 2
    Last Post: 07-05-2007, 09:27 AM
  5. Disorderly Conduct: Disorderly Conduct Charge 31-101 (2) (a)(b)
    By Wildhorsedreams in forum Criminal Charges
    Replies: 1
    Last Post: 12-19-2005, 03:02 PM
 
 
Sponsored Links

Legal Help, Information and Resources