Rhode Island Domestic Violence Defense Lawyer
Fight Your Domestic Violence/Assault
Charge in Rhode
Island!
Rhode Island has very tough domestic violence
laws, and the state is looking to make them
even tougher.
Domestic violence is actually an umbrella that
encompasses many different laws and adds
stricter penalties (and often stricter
enforcements) for alleged crimes against when
the accuser has a
domestic relationship with a victim.
Prosecutors can be very aggressive in filing
domestic violence charges due to the intensely
political nature of the charges, and publicity
that goes along with it. Domestic assault &
violence charges, along with
DUI, have powerful
advocacy and lobbying groups that challenge
politicians in these cases.
Given that, similar charges that aren't domestic
related might well be dropped due to weak
evidence, whereas these charges might be fought
all the way to a jury trial just for the purpose
of a prosecutor not wanting to look "weak" on
domestic violence.
Therefore, it is imperative that you get a
criminal defense lawyer on your case and out in
front on your behalf immediately, to look for
every chance to minimize the risks and damage
you are facing. Call me now about your case, and
I'll tell you what I can do to protect and
defend your rights.
What Relationships
Qualify under the RI Domestic Violence Act?
For a crime to be designated as a domestic
violence offense, the victim and the defendant
must be family or household members, which
includes:
- husband/wife/spouses or former spouses
- adult persons related by blood or
marriage
- adult persons who are presently living
together (roommates) or have lived together
within the past 3 years
- people who have a child in common
- people who are or have been engaged, or
in a significant dating relationship within
the past year as determined by the court,
based on length and type of relationship,
time/duration of relationship, and frequency
of interaction between the two individuals
What Crimes/Charges Are Included Under Rhode
Island's Domestic Violence Statutes??
- Assault &
Battery
- Kidnapping
- Child Snatching
- Sexual
assault
- False imprisonment
- Harassment
- Stalking
-
Disorderly Conduct
- Trespass
- Vandalism
- Homicide/Murder
- Violations of a Protective Order /
Restraining Order / No Contact Order (RONCO)
- Arson (proposed)
- Burglary (proposed)
- Damage to or obstruction of a telephone
(proposed)
Assault - RI Laws &
Penalties
In addition to charges under the specific
criminal acts above, if you are found guilty of
domestic violence in Rhode
Island (first offense), you will be required to
attend a batterer's intervention program, and
face additional assessment fees.
A second (2nd) offense domestic
violence conviction carries with it a
minimum of 10 days in jail, and a maximum of up
to 1
year.
A third (3rd) offense domestic
violence conviction carries with it a
minimum of 1-10 years in prison.
How to Beat an Domestic
Violence Related Charge in Rhode Island
As I said, domestic violence charges can be
frequently overcharged, due to the political
nature of the crime, and the significant power
of advocacy groups lobbying on behalf of these
laws.
One element of the charge that can be often
challenged is the relationship between unrelated
people who don't live together. The
classification for a relationship between
"dating" or previously involved parties is
subjective, and can be disputed. It is possible
for a person to wrongly claim that such a
relationship applies in accordance with this
law. I will challenge that claim whenever it is
unclear, and immediately move that the charges
be dismissed or reduced.
Other defense strategies may involve agreeing
to anger management or a batterer's intervention
program in exchange for a reduction in the
charges. These options may depend on the
willingness (or unwillingness) of the victim to
testify in court, since the victims statement is
often the best evidence the state has in it's
prosecution.
Other defenses are possible depending on the
case, but it's important that I get involved as
quickly as possible. We may need to get
Rhode Island
private investigators involved to provide
evidence to support our claims. And prosecutors
are frequently reluctant to drop domestic
violence charges, so I may have to fight with
all I've got to get you fair treatment under the
law.
Call me right away for a free legal consultation
on your domestic assault/domestic violence or other
relegated criminal
charges at (401)
662-9006.
Sincerely, James Powderly, Attorney at Law
Further Reference:
Rhode Island Domestic Violence Prevention
Act - § 12-29
Batterer's Intervention Programs in Rhode
Island
Attorney James Powderly defends people accused
of domestic violence, domestic assault,
restraining order violations, and other
domestic criminal
charges 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 |
