Rhode Island Assault Defense Lawyer
Fight Your Assault in Rhode
Island!
A criminal assault charge can be extremely
serious, and needs to be addressed quickly with
the right legal defense. Particularly, if you
are the victim or merely an equal participant in
a fight - your need to act quickly of the other
person has decided to file charges against you.
Your opportunity to get felony assault charges
reduced to simple assault, or simple assault
charges dismissed has a limited window where the
right motions need to be filed. Call me right
away for a free consultation to discuss your
defense options in the case of an assault charge
in Rhode Island.
How to Beat an Assault Charge
in RI
Many assault and battery charges in Rhode
Island are fights between two "consenting" or
willing parties, and the person who decides to
report the incident to the police is instantly
considered the "victim". In cases such as this,
I will immediately move for a dismissal based on
lack of evidence.
In cases of felony assault / assault with a
dangerous weapon, I will look to get the charges
reduced to simple assault whenever possible.
Often felony assault is overcharged when any
simple object is unreasonably categorized as a
"dangerous weapon" by the police.
Other defenses completely depend on the facts
of your case and what makes sense in your
specific situation. In some cases, a restitution
to the victim is appropriate if they are willing
to drop or reduce criminal charges.
What is the Charge of Assault & Battery?
Assault and battery is
generally defined under RI laws as the act of
injuring, hurting, or fighting with another
person. To assault someone is to threaten them
with physical contact or injury, and battery is
the act of physically touching them.
A felony assault charge many
include assault or battery with a dangerous
weapon, or results in serious bodily injury.
Assault with a dangerous weapon may include any
weapon or device, including a gun, knife, club
or blunt instrument, many different thrown
items, or hitting them with your car or vehicle.
Even a shod foot may be considered a felony
assault with a dangerous weapon. This sometimes
referred to as aggravated assault.
A Battery Criminal Negligence
charge is when serious bodily injury occurs as a
result of inaction incompatible with a proper
regard for human life or indifference to
consequences.
Assault - RI Laws &
Penalties
Simple Assault and Battery
is a misdemeanor charge with penalties of up to
1 year in jail and fines of up to $1000.
Battery - Criminal Negligence
is a felony charge, punishable by up to 10 years
in prison and fines of up to $10,000.
Felony Assault is punishable
by up to 20 years in prison if convicted.
Assault with Intent to Commit
Specified Felonies (murder, robbery,
sexual assault,
burglary) is punishable with a minimum or 1 year
and up to 20 years in prison.
There are additional penalties for assault
charges when the alleged victim is a police
officer, schoolteacher or school official,
correctional officer, a person over 60 years of
age or with severe impairments, and other
categories.
There are additional penalties if you are
charged with domestic assault on someone who
qualifies as a domestic relation under the Domestic Violence
Prevention Act.
If you've been charged with assault, call me
right away to discuss your legal options.
Particularly when the other party may have
started a fight with you, it's critically
important to quickly get our defense strategy
moving, which may include filing our own
complaint. You have only a limited time to file
many critical defense motions to try to win your
case.
Call me today for a free legal consultation
on your assault & battery charge in Rhode Island at (401)
662-9006.
Sincerely, James Powderly, Attorney at Law
Further Reference:
Simple Assault & Battery - § 11-5-3
RI Assault Statutes
Attorney James Powderly defends people accused
of drug possession, and other criminal
charges such as assault,
shoplifting, and criminal traffic offenses, in
courts across Rhode Island everyday. Call today
for a free, no-obligation, criminal defense
consultation on any RI arrest or charge. (401) 662-9006
James P. Powderly, Esq., A Rhode Island Criminal
Defense Attorney
Powderly Defense Firm
270 Bellevue Avenue, # 341
Newport, RI 02840 |
