Case Result

Scituate RI Charges of Simple Assault and Disorderly Conduct Dismissed

March 13, 2024 | John L. Calcagni, III

Criminal Charges:

Man charged in the Rhode Island District Court (3rd Division), Scituate, Rhode Island, for:

Simple Assault, in violation of RIGL § 11-5-3
Disorderly Conduct, in violation of RIGL § 11-45-1

Case Overview:

Scituate Police responded to a multi-party disturbance at a local residence. The homeowner contacted police to report that he was assaulted by his ex-girlfriend’s father while she was in the process of moving out from his home. The mother and father accompanied their daughter to her ex-boyfriend’s home to collect her belongings. They did not want her going alone because of the man’s history of being physically abusive towards her. Upon arrival, the man would not allow the parents to enter his home. The girl went inside alone and the man closed the door. After several minutes, the mother became concerned and knocked on the front door. At some point, the man answered and pushed the mother when she tried to enter or peer inside. Her husband, the girl’s father, came to the wife’s rescue by striking the man in the face and knocking him to the ground. The daughter then emerged from inside the home where she too had apparently been hit again by the abusive ex-boyfriend. When police arrived, they arrested the ex-boyfriend for domestic assault on the ex-girlfriend and assault on her mother. Police also arrested the father and charged him in Rhode Island District Court with Simple Assault and Disorderly Conduct. He retained Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him against these charges.

Case Result: Dismissed.

Attorney Calcagni gave prosecutors two options: dismiss the case outright, or proceed to trial where he would invoke the legal defense of ‘Defense of Others’ to prevail on his client’s behalf. After multiple pretrial conferences, the prosecution agreed with Attorney Calcagni’s assessment of the case and agreed to a dismissal in exchange for the man’s small financial contribution to a Victims of Crimes Indemnity Fund (VCIF).