2nd Degree Sexual Assault: Probation
A middle-aged man was accused by his 16-year-old female neighbor of sexual assault. The man’s family and girl’s family were long-time friends and neighbors for many years. The man’s foster daughter was also friends with the female. One day, while the female was visiting the man’s home, she alleged that he grabbed her breast and thrusted his pelvis into her buttocks. No one witnessed the event.
The female notified her family and police. This led to the man’s arrest after which he provided police with a confession. He was then charged in Rhode Island Superior Court with 2nd Degree Sexual Assault. The man retained Second Degree Sexual Assault Defense Lawyer John L. Calcagni III, to defend him in this matter. Attorney Calcagni focused his defense strategy on suppressing his client’s statement, lack of independent witnesses, and a full attack on the female’s credibility.
As trial neared, based on these pretrial efforts, Attorney Calcagni successfully persuaded the State to offer a pretrial disposition of straight probation. The man accepted the State’s offer and was sentenced to probation, which is not a criminal conviction under Rhode Island law.