Assault Charge Amended to Disorderly Conduct in Newport, RI
Criminal Charge:
A woman charged in Rhode Island District Court (2nd Division) for:
- Simple Assault and/or Battery, in violation of RIGL § 11-5-3
Case Overview:
A Brazilian citizen living and working in Newport, Rhode Island was arrested and charged by Newport Police with Simple Assault. The woman owned her own business, which provided housekeeping services to rental properties in the city. She also employed other Brazilians. She had a falling out with one of her employees, prompting the employee’s termination. The business owner owed the employee unpaid wages. They agreed to meet at a local shopping plaza for payment. Once there, the two had a verbal altercation, which became physical. The employee alleged that her former boss struck her in the face. There were no eyewitnesses and nearby surveillance cameras did not capture the incident. However, the employee called police and elected to press charges. As a result, the Brazilian woman was arrested and charged in Rhode Island District Court (2nd Division). Because she is not a United States Citizen, she and her immigration attorney feared potential adverse immigration consequences from this criminal charge. As such, the immigration lawyer referred the woman to Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend her in this matter.
Case Result: Amended to Disorderly Conduct and Filed for 6 Months (Immigration Friendly Disposition).
After attending several pretrial conferences on the woman’s behalf, Attorney Calcagni and his team successfully persuaded the prosecutor to amend or change the charge from Simple Assault to Disorderly Conduct. In exchange for the woman’s admission to this less serious misdemeanor charge, the prosecutor and Court agreed to file the case for 6 months. Under Rhode Island law, a filing does not result in a criminal conviction or any form of punishment. Providing the woman is not charged with another offense during the filing period, the case will be eligible for expungement in 6 months. The woman shall also suffer no adverse immigration consequences from this disposition.