Simple Assault Charge Filed for Ex-Council Member in Cranston, RI
Criminal Charges:
Former City Council Member charged in the Rhode Island District Court (3rd Division), Cranston, Providence County, for:
- Simple Assault, in violation of RIGL § 11-5-3
Case Overview:
Cranston Police charged a former City Council Member with Simple Assault based on a year-old allegation of a female adult who claimed that the man sexually assaulted her. The woman was a client of the Councilman’s accounting practice. She alleged that during an office meeting, the man leaned in to kiss her against her will and groped her body in various places. Despite claiming the kiss was open-mouth and with tongue and not claiming foul play for more than one year, the police still charged and arrested the man. Upon learning of charges for his arrest, the man fully cooperated with police, to include voluntarily surrendered to the police and providing a statement in his own defense. The man did not deny the physical contact but claimed that it was consensual. The man hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: Filing.
Attorney Calcagni geared up for trial by transcribing all the witness statements, analyzing the discovery, preparing his client to testify, and most importantly, preparing to eviscerate the complainant on cross-examination. On the eve of trial, however, the prosecution agreed to file this matter for one year over the woman’s objection. A judge also agreed to approve this pretrial disposition. Under Rhode Island law, a filing calls for the acceptance of criminal responsibility, but does not result in any punishment or criminal conviction. Providing the defendant is not charged with a new offense during the filing period (up to one year), the matter will be expunged from public record in the end. With Attorney Calcagni’s assistance, the man availed himself of this pretrial resolution and closed his case without the need for a trial.