Rhode Island Assault Lawyer

Trusted Assault Attorney In Rhode Island

Assault charges in Rhode Island are serious legal matters that can have far-reaching consequences for those accused. If you or someone you know is facing assault charges, it is crucial to understand the legal process, potential defenses, and the importance of seeking a Rhode Island assault lawyer.

Ellison Law LLC has experienced criminal defense lawyers, who have defended many people accused of committing all various types of assaults in the State of Rhode Island. If you have been charged with any type of assault charge, give us a call today. Assault charges are a serious offense and should not be taken lightly.

In Rhode Island assault charges have potential consequences of jail, a suspended sentence, probation, a criminal record, hefty fines and/or fees. The various Assault charges can be found in Rhode Island General Laws § 11-5.

What Is Assault in Rhode Island?

In Rhode Island, assault is considered the threat of committing bodily harm, even if you don’t physically touch somebody else. If you intentionally threaten someone and the victim is fearing bodily harm, even if you restrain yourself and you don’t do any physical act, you can be charged with assault. In Rhode Island this charge is known as simple assault.

What Is the Difference between Assault and Battery in Rhode Island?

It’s common to mix assault with battery but they’re not exactly the same. In Rhode Island, if you only threaten someone and the victim fears body harm, you will be charged with assault. A battery charge is different in the sense that you did physically contact the other person.

This means any type of offensive, unwanted physical contact may lead to getting a criminal charge of battery. This can be a punch, a kick, a shove, a grab or even putting one finger on someone is enough to be considered a battery.

What Are the Penalties for Assault in Rhode Island?

• Up to $1,000 in fines and/or
• Up to 1 year in prison
• Potential Probation
• Potential criminal conviction

What Is Felony Assault in Rhode Island?

Felony assault is a much more serious form of assault. A simple assault, which is a misdemeanor, is either the threat of bodily harm or unwanted, offensive physical contact. A felony assault in Rhode Island can be when the victim sustains serious bodily harm or when a dangerous weapon is used to commit the assault.

What Are the different types of Felony Assault in Rhode Island?

There are a lot of different forms of felony assault in Rhode Island. It depends on the situation of the assault and what happened to determine whether it is a simple assault or felony assault. It can depend on whether a weapon was used, the injuries of the victim or if the victim is in a class of people that get heightened protections, such as their occupation or their age.

Here are some examples of some of the different types of felony assaults in Rhode Island:

• Assault With a Dangerous Weapon: This type of charge is when an assault occurs and you use a deadly weapon like a firearm, a knife or other dangerous weapon.
• Assault Of a Person In a Protected Class: In Rhode island, it is a felony to assault people that are in a protected class like police officers, a pregnant person, persons who are in the military or veterans, someone over 60 years old or someone that has some type of severe impairment.
• Felony Domestic Assault: A domestic assault is a type of assault committed towards persons who are protected in the domestic laws, which is defined under the law as “spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or persons who are, or have been, in a substantive dating or engagement relationship.”
• There Are Special Penalties If You Commit a Felony Assault That is Also Domestic in Nature: You can also receive a felony domestic assault charge if you have two prior domestic assault convictions on your record.
• Assault With The Intent to Commit a Specified Felony: This type of assault charge is when you commit an assault with the intent to commit murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature.

Real-Life Examples of Assault

Assault can encompass several kinds of non-physical threatening actions, including:

• Threatening gestures
• Verbal threats and intimidation
• Near physical contact, such as standing over someone, boxing someone in, or preventing them from leaving a location
• Coercion and manipulation

Real-Life Examples of Battery

Battery involves actual physical contact made in a non-consensual, threatening manner, such as:

• Jabbing, poking, shoving, or pushing someone
• A thrown punch that makes contact
• Bar fights and other public infractions
• Unwanted sexual contact or groping
• Pulling hair or clothing

Assault vs. Disorderly Conduct

Disorderly conduct, like simple assault, is usually classed as a misdemeanor that encompasses several infractions, such as creating excessive noise, using threatening or abusive language in a public setting, blocking pedestrian traffic or traffic on a roadway, public drunkenness, or interfering with a lawful gathering.

Public brawling or fighting can sometimes be classed as disorderly conduct, in addition to simple assault or assault and battery, if it disrupts public order and creates an unsafe environment.

Simple assault and disorderly conduct carry similar penalties and fines in Rhode Island, and sometimes a case will carry both charges, depending on the seriousness of the infraction. Police often stack assault and disorderly conduct charges to make sure that one or both charges are addressed by the courts, increasing the chances of conviction.

What Are the Penalties for Felony Assault in Rhode Island?

Rhode Island General Laws § 11-5-2 states: “Every person who shall make an assault or battery, or both, upon the person of another, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery that results in serious bodily injury shall be guilty of a felony assault.”

If such assault results in serious bodily injury:

• Up to 20 years in prison
• Potential felony conviction
• Potential probation

Every other felony assault which results in bodily injury or no injury:

• Up to 6 years in prison
• Potential felony conviction
• Potential probation

What Is the Difference Between Simple Assault and Aggravated Assault in Rhode Island?

In Rhode Island, simple assault and aggravated assault differ in severity and intent. Most of the time, simple assault involves either the threat of harm or minor physical contact without the use of a weapon. The victim has little or no injury at all. A simple assault is treated as a misdemeanor.

On the other hand, aggravated assault, also known as felony assault, involves serious bodily harm, the use of a weapon or an intent to cause major bodily harm. Because of the nature of this crime, an aggravated assault charge is a felony. This means that the penalties for aggravated assault are significantly harsher, due to the nature of the offense.

What Are the Penalties for Battery with Criminal Negligence in Rhode Island?

• Up to 10 years in prison and/or
• Up to $10,000 in fines
• Potential felony conviction
• Potential probation

Rhode Island General Laws § 11-5-2.2. Battery – Criminal negligence further explains what is criminal negligence:

“‘Criminal negligence’ shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. Criminal negligence is negligence that is aggravated, culpable or gross”

What’s the Difference Between Assault and Harassment in Rhode Island?

Assault and harassment are different offenses with distinct legal definitions in Rhode Island. Assault typically involves an intentional act or threat of physical harm that creates fear in another person, even if there was no physical contact.

Harassment, on the other hand, generally refers to a pattern of unwanted behaviour, communication or actions aimed towards a particular person that causes distress, alarm or intimidation. It’s not necessary to involve physical contact but it focuses more on the emotional or mental impact of the behaviour.

What Is the Process for an Assault Charge in Rhode Island?

In Rhode Island, the process for an assault charge begins with an arrest (or with a criminal complaint filed against you with a summons or warrant). Once you’re arrested, you will have an arraignment: you will be formally informed of the charges and you are going to be asked to enter a plea.

If you plead not guilty, the case moves to the pretrial phase, where both sides (the prosecution and your defense lawyer) will ask for discovery and gather evidence plus they will start to exchange the evidence and, if possible, may engage in negotiations for a plea deal.

If there isn’t a resolution, then the case will likely go to trial where the prosecution must prove that you’re guilty beyond a reasonable doubt. If you are found guilty, the judge will sentence you.

Burden of Proof in Assault Cases: What the Prosecution Must Prove

In assault cases, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of the charges levied against them. The prosecution must establish:

• Intent To Harm: which establishes that the defendant intended a threatening action against the other party.
• Victim’s Reasonable Apprehension Of Harm: which establishes that the victim had a fear of the defendant’s threatening actions.
• Immediacy Of The Threat: which establishes that the threat was imminent and difficult or impossible for the victim to avoid.

The preponderance of evidence always falls to the prosecution, which means that evidence, witness testimony, and law enforcement testimony must corroborate the chain of events leading up to the incident in question. For conviction to occur, all elements must agree, and jurors or the judge must make an evidence-based assessment of guilt or innocence. Proper legal procedure must be followed, and jury decisions must be unanimous.

What to Expect After an Arrest?

Immediately after your arrest, you will be taken into custody and transported to a police station for booking and the collection of vital information, such as your identity, fingerprints, photographs, and, in some cases, a blood test or breathalyzer test if alcohol or other substances are a suspected aggravating factor. Your personal property will be confiscated and stored until you are released.

During this phase, it is crucial to contact a criminal defense lawyer before speaking to law enforcement or undergoing questioning, to make sure your rights are protected. Your arraignment will follow your arrest. This is a preliminary hearing in which you are brought before a judge for the formal reading of charges against you. During this time, you will enter a plea of guilty or not guilty.

Your Rhode Island Bail Hearing

If you plead guilty, sentencing will occur shortly after your plea. If you plead non-guilty, the process advances to a bail hearing, in which the bail commissioner or a justice of the peace will evaluate the nature of your case to see whether you qualify for release on bail. Rhode Island law allows for anyone accused of a crime to be eligible for bail, unless the crime is a capital offense. Most simple assault cases, and even most battery cases, will qualify for bail.

Before and after your arraignment, the courts can hold you in custody for up to two weeks before you have your bail hearing or bail arraignment. At your bail hearing, certain processes will apply. Rhode Island uses a two-tier approach to determine whether your case will qualify for bail and to determine the amount of bail required.

• Tier 1: Proof or presumption of guilt is evident. After hearing evidence and arguments from attorneys (prosecution and defense), the court and bail commissioner will determine whether proof of guilt is evident and if the offense qualifies as non-bailable.The state prosecutor must call witnesses at this stage, and the defendant’s counsel may cross-examine these witnesses or call their own. If the defendant is found to qualify for the presumption of proof of guilt, the process advances to Tier 2. If not, bail is set, and the defendant may be dismissed from custody once the qualifications for bail are met.
• Tier 2: Court’s discretion. The court will examine all evidence from Tier 1 and consider the following factors to determine whether or not the defendant is bailable:
  • Respect for the law
  • Ties to the community
  • Past criminal record
  • Financial standing
  • Danger to the community
  • Likelihood of conviction
  • Employment
  • Physical or medical conditions or mental limitations
  • Education

If You Qualify for Bail

If the defendant is found to be non-bailable, they will be remanded into custody until their subsequent trial. If the defendant qualifies for bail, several categories of bail are possible:

• Personal Recognizance: which is release based on the defendant’s promise to appear for any subsequent hearings or trial, with no money required.
• Monetary Bail: in which a set amount of bail is posted before release.
• Surety Bail: which requires the posting of property as collateral.
• Non-Monetary Conditions: which can include curfews, no contact orders, drug testing, or electronic or GPS monitoring.

After the bail hearing, the case will progress to pre-trial conferences and hearings, and eventually to plea bargaining, dismissal, or trial. Not every assault case progresses all the way to a jury trial. Many cases are settled through negotiation between the prosecution and defense.

If at all possible, it is important to hire an assault lawyer with experience in criminal defense to protect your rights and help seek the most favorable outcome.

Can a Juvenile Receive an Assault Charge in Rhode Island?

Yes, a juvenile can be charged with assault in Rhode Island. While most juvenile cases are usually handled in family court (which focuses more on rehabilitation than a punishment), the charges may be elevated to Superior Court if it’s severe.

This means a juvenile can potentially face probation or community service or potentially being held at the training school. If they’re prosecuted in Superior Court, then they can face potential jail time, probation, a criminal conviction and hefty fines.

Why Did I Receive a No-Contact Order if I Had an Assault Charge in Rhode Island?

It’s common for the judge or the court to give a no-contact order while you are out on bail or if you are convicted of assault. This order prohibits you from contacting the alleged victim in any way: in person or virtually (like through phone calls, texting, emails, etc).

It also prevents third-party contact, which means you can’t deliver a message through another person to the alleged victim. If you have a domestic assault charge and live with the alleged victim, a no-contact order could prevent you from going back to your home.

How Do No-Contact Orders Affect Assault Charges in Rhode Island?

No contact orders play a big role in assault cases in Rhode Island. When someone is charged with assault, the court often issues the no-contact order to protect the alleged victim and violating this order may result in additional criminal charges, even if the initial assault case is eventually dismissed after the violation.

If you were accused, a no-contact order may complicate your daily life, especially if you share a home or workplace with the alleged victim. It is vital to fully comply with the order and work with your attorney to navigate its restrictions while they prepare your defense.

Can Self-Defense Be Used to Combat an Assault Charge in Rhode Island?

In Rhode Island, self-defense can and is a valid argument against an assault charge, if certain conditions are met. You have the right to protect yourself or others from harm but it requires that the use of force be reasonable and proportional to the perceived threat. Your defense attorney must work with you to show that you weren’t the aggressor, that you genuinely believed that you were in immediate danger and that your response was necessary to prevent harm.

What Is the Role of Mediation or Plea Bargains for an Assault Charge in Rhode Island?

Although criminal cases do not go through formal meditation with a mediator, a plea bargain with negotiations between the defense attorney and prosecution can help to resolve a case before a trial. Therefore, plea bargains can potentially play a big role in resolving an assault charge.

In an assault case, depending on the circumstances, plea bargains or negotiations may lead to a reduced sentence to avoid a trial or the defense and prosecution sometimes may be able to have an agreement to dismiss the case, avoiding a long and extenuating trial.

Statute of Limitations for Assault in Rhode Island

For most simple assault and/or battery cases, the statute of limitations is 3 years from the date of the incident. However, in sexual assault cases, and child sexual assault and molestation cases, there is no statute of limitations, and the state may bring charges at any time following the incident.

Can Assault Charges Be Expunged in Rhode Island?

Assault convictions, in Rhode Island, are potentially eligible for an expungement under certain circumstances. First, it will depend on the nature of the charge itself (whether it was a misdemeanor or a felony) and the person’s criminal history.

Additionally, there are other conditions that the person must meet like completing all the sentence requirements, completing probation, paying all pending fines and having waited the minimum waiting time (generally speaking for a single conviction, the wait for a misdemeanor is 5 years while the wait for a felony is 10 years).

If you want to know more about the expungement process, we recommend that you read our article about it or reach out to us at 401-230-5520 to see if you are eligible.

What Are Some Potential Defenses to Assault Crimes in Rhode Island?

An experienced criminal defense lawyer may use certain defenses to help you with your case. Some of them are:

• Self Defense: If you thought that your life was in danger and you used reasonable force to defend yourself, you may be protected under the Rhode Island Castle Doctrine.
• Defense of Another: If you thought that someone else’s life was in danger and you decided to use reasonable force to protect someone else, your charges may be reduced or dismissed. It could be a family member, a friend, or even a total stranger. As a bystander, you are allowed to act if you see someone else being assaulted.
• No Intent: Your attorney can argue that you had no intention of committing an assault or using a weapon, which could help you to achieve a dismissal.
• It Never Happened: Another possible defense is that the alleged victim is making the whole thing up and lied to the police.

There are other defenses that a criminal defense lawyer can use like no deadly weapon was used (if applicable to the charge) or explain that the assault actually never happened. Sometimes a defense attorney may argue that the assault is not a felony and instead is just a misdemeanor, this can help lower your exposure in the legal system because a misdemeanor has less of a penalty than a felony.

What Are the Long-Term Consequences of an Assault Conviction in Rhode Island?

An assault conviction in Rhode Island can have serious long-term consequences that will go beyond the immediate penalties like potential jail time or probation. Without a doubt, the biggest and most important unintended consequence is having a permanent criminal record. This will make it very difficult to secure employment or housing opportunities.

If you have a professional license, you may even lose it. Depending on the severity of the charge and your eligibility, you may have to wait between 5 and 10 years if you wish to expunge this charge from this record.

Can My Mental Health Play a Role in My Assault Charge?

In Rhode Island, mental health may play a significant role in your assault charge. In some situations, a mental health episode may potentially impact your behaviour or your ability to comprehend the consequences of your actions. The court may take into consideration your mental health for your defense or at sentencing as a mitigating factor.

Can an Assault Charge Be Dismissed or Reduced in Rhode Island?

Yes, it is possible that your assault charge may be either reduced or dismissed but you need to bear in mind that the final outcome will largely depend on the circumstances of the incident and the defense you may have to the case. Although there are many reasons an assault charge could be dismissed or reduced, some of them are the following:

• The prosecution is having difficulties locating a key witness;
• The testimony of the key witness lacks credibility;
• Your defense attorney successfully showed that that you were falsely accused;
• You were overcharged and your defense attorney was able to show that the charges were unwarranted.

What Can I Do if I am Charged With Assault in Rhode Island? Hire an Assault Lawyer With Experience

It is important to hire an experienced Rhode Island Criminal Defense Lawyer as soon as possible to begin the process of gathering evidence and crafting a legal defense to the assault charges you are facing. Assault charges are serious legal matters that require a strategic and well-informed approach.

If you or a loved one is facing an assault charge in Rhode Island, don’t hesitate to seek professional legal counsel. Ellison Law LLC has experienced Rhode Island criminal defense lawyers who have represented countless people on assault charges in their careers.

An experienced Rhode Island criminal defense attorney can help you understand your rights, explore potential defenses, and guide you through the legal process, working to secure the greatest possible outcome for your case. Contact the Rhode Island Assault Defense Lawyers at Ellison Law LLC today.