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Hiring an experienced Rhode Island assault lawyer
If you have been charged with Assault, hiring an experienced Rhode Island Assault Lawyer is essential. We have a proven track record for success in the courtroom, including trials and appeals, and have the resources to develop a winning defense.
Types of assault charges
- Simple Assault
- Felony Assault
- Assault with a Dangerous Weapon
- Assault with Intent to Commit a Specific Felony
- Domestic Assault
- Self-Defense and Defense of Others
What are assault offenses?
Assault offenses is the category of crimes that involves the application of harmful or offensive contact between persons.
An assault is generally defined as a harmful or offensive touching.
For example, one may commit an assault by actually:
- striking,
- slapping,
- pushing,
- punching,
- or kicking another person
What is an example of an assault?
The assault occurs where actual unwanted physical contact occurs. It may also occur where one person touched another with an object in a harmful or offensive way. The assault may also occur in the absence of physical contact, but there the aggressor causes another to suffer fear or apprehension of imminent unwanted contact.
Various jurisdictions refer to this conduct as assault, assault and battery, and assault consummated by battery.
Under the Rhode Island common law, assault refers to the conduct that results in apprehension of harmful or offensive contact, and the battery is where actual physical contact occurred.
What is an aggravated assault?
An assault offense may be aggravated by the use of a weapon.
The law recognizes that any physical object can be employed in some manner to do harm to others. So long as the object is used in such a manner, the conduct will suffice under the law to constitute assault with a weapon. Various jurisdictions refer to this type of offense as felony assault, assault with a dangerous weapon or aggravated assault.
Obvious examples include:
- knives,
- guns,
- sticks,
- brass knuckles,
- and shod feet.
An assault offense may further be aggravated if the alleged victim was touched in a sexual manner. This type of conduct, broadly known as sexual assault, refers to the touching by one, of another, without consent on areas of the body such as buttocks, anus, breasts, penis, vagina, and surrounding areas for purposes of sexual gratification.
This type of assault can also occur if the unwanted touching occurs by the aggressor with his or her sex organ.
Severity of sexual assault
Sexual assaults vary in severity depending upon where and how the victim is touched. This ranges from unwanted touching on the outside of one’s clothing up to and including forcible sexual penetration.
Sexual assault offenses can be further aggravated by the age of the alleged victim. Sexual assault offenses are viewed as among the most severe types of crimes known to the law.
Read our Assault case results and testimonials for RI assault offenses.
Frequently Asked Questions About Rhode Island Assault Charges
If you’re facing an assault charge, it’s common to have questions and concerns about how to move forward. Below you’ll find some commonly asked questions and answers to help you learn more about assault laws in Rhode Island and understand your circumstances. If you have a question that is not included in our list, contact our law office as soon as possible to speak with an assault lawyer.
What should I expect if I’m charged with assault in Rhode Island?
If you’re arrested and charged with assault in Rhode Island, you can expect to follow through the general steps of the criminal justice system, as you would with any other offense. After being processed and booked, you’ll likely remain in police custody until your arraignment hearing. This initial hearing typically occurs within 24-72 hours after your arrest.
Your best course of action at this moment is to contact an assault lawyer. Our law office can assist you at your arraignment hearing and guide you through the following steps of your case. The sooner you reach out to an assault defense attorney, the sooner we can begin building your defense.
What are the penalties for assault in Rhode Island?
The penalties for assault will depend on the severity of your charges. For instance, if you’re arrested for simple assault, the penalties will be less serious than a felony assault charge. A simple assault charge in Rhode Island can lead to up to one year in prison and $1000 in fines. In addition, you may face additional consequences, such as mandatory mental health counseling, anger management treatment, or lose your right to own a firearm.
Of course, the penalties for a felony assault charge will be harsher. A defendant with felony assault charges can face up to 20 years in prison and costly fines. Remember that in addition to jail sentences and penalties, you’ll also be issued a no-contact order, which means you cannot communicate or come into physical contact with the alleged victim.
Violating a restraining/no-contact order can worsen your consequences significantly. It’s important that you understand the terms and conditions of a no-contact order, so there are no mistaken violations. If you have further questions about assault penalties or protective orders issued against you, contact our law office today to speak with an assault attorney.
What are some potential defenses to assault crimes in Rhode Island?
We can take quite a few different routes when building an assault defense strategy. An assault lawyer will meet with you to discuss the circumstances surrounding the assault incident, and from there, they can design a defense plan that works best for your case.
Here are some examples of potential defenses to assault crimes in Rhode Island:
- Self-defense
Self-dense is a common strategy used to fight assault charges. Clearly showing that a defendant was threatened and expressed genuine fear can be a powerful tool in fighting an assault charge.
- Defense of Property
If an assault takes place on your personal property, such as a result of a home invasion, defense of property is a viable defense in these cases. It’s lawful to use reasonable force to protect yourself and your property.
- Defense of Others
If you were not threatened but stepped in to protect another individual from harm, the defense of others can be used as a defense in an assault case. For instance, if someone — a family member, acquaintance, or even a stranger —expressed a genuine fear for their lives, it’s reasonable to use force to protect another individual.
Contact our law firm today to learn more about other examples of defense in assault cases.
Can assault be charged as a domestic violence crime?
Yes, an assault charge will be categorized as a domestic violence assault if the incident took place between family members, spouses, or partners. Domestic violence assaults can be much more complicated than a simple assault charge between two strangers or acquaintances. When protective orders are issued, it means the defendant cannot see or communicate with the alleged victim. Those accused of domestic assault may not be able to return to their homes after an arrest and must find other living arrangements for an extended period of time.
What is the difference between assault and battery?
Many assume that assault and battery are the same, but they have very different legal definitions. An assault charge can occur when someone threatens another individual. There doesn’t need to be any physical contact, only a threat. For example, if you do not touch someone, but you merely say that you’re going to hurt them, you can be charged with simple assault.
Battery means that there was unwanted touching. This could be if you kick, punch, trip, or push someone. Or, a battery charge can occur for any unwanted touching that doesn’t even result in bodily harm. For instance, just touching someone’s shoulder when arguing with them can lead to a battery charge.
To learn more about the difference between an assault charge and a battery charge, contact the Law Office of John L. Calcagni III today.
Is it possible to have an assault charge dropped?
It is possible to get an assault charge dropped. It’s more likely to happen if you work closely with a knowledgeable assault lawyer. Assault defense attorneys with a lot of experience managing assault cases can quickly identify the best defense for your case. In many of these instances, strong defense and negotiation skills can lead to a dismissal or dropped charges.
How can a Rhode Island assault and battery attorney help you?
A Rhode Island assault and battery lawyer can benefit you in several ways. First, they can help you understand your charges. For instance, what it means to be charged with simple assault versus a felony assault. Your assault defense attorney can pinpoint the most aggressive defense strategy for your case, discover new evidence, interview witnesses, and utilize all of their resources to produce the best possible outcome.
An assault lawyer can also negotiate with the prosecutor to lessen your penalties or even discover ways to get your charges dropped. Contact our law office to schedule a free consultation to understand how a Rhode Island assault and battery lawyer can help you. You can hear more about your options during your consultation and learn about a robust defense plan for your case. Remember, the sooner you call, the sooner your assault attorney can begin building your defense and aiming towards a favorable outcome.
Contact a Rhode Island assault defense attorney
If you have been charged with an assault offense and need representation, contact the Rhode Island Criminal Defense Attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.
