Felony Assault Charges Deferred After Road Rage Incident in Rhode Island
Criminal Charges:
Man charged in the Rhode Island Superior Court (Providence County) for:
- Felony Assault and/or Battery, in violation of R.I.G.L. § 11-5-2
Case Overview:
Rhode Island State Police received a call that a motorist brandished a firearm at another vehicle during a road rage incident. Troopers located the suspected vehicle and conducted a traffic stop. The man was ordered to exit the vehicle and lay on the ground with his hands up. The man was then placed in handcuffs. Upon searching the vehicle, Troopers located a firearm on the front seat. Though the man possessed his license to carry a firearm in Rhode Island, the victims of the road rage incident wished to pursue charges for his allegedly assaulting them with it. As a result, troopers placed the man under arrest and charged him with Felony Assault in Rhode Island Superior Court. The man hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, and his team to defend him in this matter.
Case Result: Deferred Sentence.
Attorney Calcagni and his team worked quickly to submit a mitigation packet to prosecutors citing the client’s lack of criminal history, age, stable home environment, employment history, and long history of lawfully owning firearms. After many months of pretrial negotiations, Attorney Calcagni successfully persuaded prosecutors to resolve the case with a deferred sentence. Under Rhode Island law, recipients of a deferred sentence must admit criminal responsibility to the charged offense, but do not receive any punishment or sentence. Beneficiaries of deferred sentences also avoid serving any time in jail and incurring a criminal conviction. Once the deferred sentence period is completed, provided that the man is not charged with a new offense during the determent period, the case will be eligible for expungement, leaving him with a clean criminal history.