Charge Amended to Felony Assault for Second-Degree Sexual Assault Case in Burrillville, RI
Criminal Charges:
Man charged in Rhode Island Superior Court (Providence County) for:
- Second Degree Sexual Assault, in violation of RIGL § 11-37-4
Case Overview:
A man and his wife hosted a small gathering at their home. They lived in a duplex in Burrillville, Rhode Island. Attendees at the gathering included their adult son, his wife (their daughter-in-law), who lived next door in the opposite side of the duplex and some of the young couples’ friends. As the party winded down, many of the attendees retired to bed for the night. The man who hosted the party remained up and awake with a female friend of his son and daughter-in-law. Both parties were intoxicated for ingesting alcohol throughout the night. The girl fell asleep on the couch and alleged that she woke to the man touching her breasts under her clothing. The man denied the allegation, but admitted to falling onto the couch where the woman was sleeping. Based on her allegation, the man was arrested and charged with Second Degree Sexual Assault in Rhode Island Superior Court. He retained Rhode Island Sexual Assault Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: Amended to Felony Assault and Suspended Sentence with Probation.
The matter was eventually scheduled for trial, after the man rejected the State’s offer to resolve the case with an admission to the charged sex crime. On the eve of the man’s jury trial, the State improved its pretrial offer by agreeing to amend the charged sex crime to the non-sex offense of felony assault. In exchange for the man’s admission to this less serious crime, the State offered to recommend a suspended jail sentence with probation. After careful thought and consideration, the man accepted the State’s offer, which allowed him to avoid time in prison and most importantly, sex offender registration.