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Facing charges in Rhode Island
Under Rhode Island Criminal law, Assault with Intent to Commit a Specific Felony may be found at Rhode Island General Laws, Section 11-5-1. This offense penalizes the conduct of an assault with the intent to commit a specific felony.
Under this law, the specific felonies which are listed are: murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature.
What are the legal elements for assault with intent to commit a specific felony
In order to be convicted there must exist strong evidence of the following legal elements:
- that the defendant committed an assault or battery against another person
- the defendant did so with the specific intent to commit the felony in question
A person acts with specific intent when he or she when he or she acts deliberately and purposefully, with the intention of causing the required bad or improper end result. A person’s intent or state of mind cannot be proved directly, because there is no way of directly looking into the workings of the human mind.
Any statements made or acts done or omitted by the defendant, and all other facts and circumstances received in evidence which would indicate the defendant’s intent or state of mind may be considered.
Potential punishment if convicted in Rhode Island
Under Rhode Island law, a conviction for this type of crime is a Felony and the defendant shall be sentenced to a term in prison of not more than 20 years nor less than one year. This penalty may be found at Rhode Island General Laws, Section 11-5-1.
If you have been charged with an Assault with Intent to Commit a Specific Felony offense and need representation, contact the Rhode Island Assault Lawyer at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.