Arkansas & U.S. Codes Related to Domestic Violence

Distinction Between "Serious Physical Injury" and "Physical Injury"

"Serious physical injury" and “physical injury" are defined in Ark. Code Ann. §5-1-102. 

Physical injury means: the impairment of physical condition or the infliction of substantial pain or the infliction of bruising, swelling, or visible marks associated with physical trauma. Serious physical injury means: a physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.

The following are examples of "physical injury" from case law in Arkansas:

• whole ear black, bruised from neck down on both sides of his body[1]
• bruise on right shin that lasted four days[2] 
• bloody, swollen wound in close proximity to the eye which required seven stitches[3] 
• struck on head four to six times[4] 
• bruises, bite marks, fingerprints on face[5] 
• grabbed by throat and choked, pulled tongue, thrown on floor, attack lasted five to ten minutes[6]
• grabbed (squeezed) chin, shook face and left bruises on head and face[7]

The following are examples of "serious physical injury" from case law in Arkansas:

• broken leg, fractured toe, bruised heel and pelvis, hospitalized for about one month and was in a leg cast and traction for two to three weeks during this time[8]
• struck three times with fist, hit in right ear and on right side of face, fracturing bones in the right eye socket, the sinus wall and the cheekbone, causing bleeding from right eye, right ear, nostrils, and mouth, resulting in temporary impairment of vision, two months of pain, six weeks of medical supervision, and a continuing lack of some feeling in the in right side of the face[9]
• gunshot wound and one leg still "gives out"[10]
• hit on head three times with a baseball bat[11] 
• shot in right knee and once in left foot, hospitalized for one day and night, and missed one month of work[12] 
• suffered a ten inch cut from navel to hipbone[13]
• gunshot wound at point blank range, hospitalized for an extended period from the injury, bullet permanently embedded behind heart, and unable to return to work for approximately two and one half months[14]
• hit on side of face twice and kneecap broken[15] 
• shot in neck[16] 
• stabbed twice with a knife[17] 
• shot in chest with a .357 magnum[18] 
• throat cut with a knife, stabbed three times[19] 
• shot in face at close range, permanently blinded[20] 
• beaten with a rock[21] 
• gunshot wound caused one lung to collapse, causing dizziness and a fall, requiring intensive care and hospitalization for a week[22] 
• shot in face with a .38 caliber revolver[23] 
• poisoned - arsenic level close to lethal[24] 

[1] Hall v. State, 11 Ark App. 53, 666 S.W.2d 408 (1984).
[2] Armstrong v. State, 35 Ark. App. 188, 816 S.W.2d 620 (1991). 
[3] Lair v. State, 19 Ark. App. 172, 718 S.W.2d 467 (1986).
[4] Hubbard v. State, 20 Ark. App. 146, 725 S.W.2d 579 (1987).
[5] Spencer v. State, 17 Ark. App. 149, 705 S.W.2d 454 (1986). 
[6] Holmes v. State, 15 Ark. App. 163, 690 S.W.2d 738 (1985).
[7] Middleton v. State, 14 Ark. App. 92, 685 S.W.2d 182 (1985).
[8] Harmon v. State, 260 Ark. 665, 543 S.W.2d 43 (1976).
[9] Lum v. State, 281 Ark. 495, 665 S.W.2d 265 (1984).
[10] Purifoy v. State, 307 Ark. 482, 822 S.W.2d 374 (1991).
[11] Tarentino v. State, 302 Ark. 55, 786 S.W.2d 584 (1990).
[12] Henderson v. State, 291 Ark. 138, 722 S.W.2d 842 (1987).
[13] Cook v. State, 2 Ark. App. 278, 621 S.W.2d 224 (1981).
[14] Johnson v. State, 26 Ark. App. 286, 764 S.W.2d 621 (1989).
[15] Holmes v. State, 288 Ark. 72, 702 S.W,2d 18 (1986). 
[16] Trotter v. State, 290 Ark. 269,719 S.W.2d 268 (1986) 
[17] Blann v. State, 15 Ark. App. 364, 695 S.W.2d 382 (1985).
[18] Davies v. State, 286 Ark. 9, 688 S.W.2d 738 (1985).
[19] Thomas v. State, 280 Ark. 593, 660 S.W.2d 169 (1983).
[20] Branham v. State, 274 Ark. 109, 623 S.W.2d 1 (1981). 
[21] Golden v. State, 265 Ark. 99, 576 S.W.2d 955 (1979).
[22] Sbabo v. State, 264 Ark. 497, 572 S.W.2d 585 (1978).
[23] Martin v. State, 261 Ark. 80, 547 S.W.2d 81 (1977).
[24] Weaver v. State, 324 Ark. 290, 920 S.W.2d 491 (1996).

* From the Office of the Prosecutor, Little Rock, Training Manual