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Rhode Island Assault Lawyer

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Rhode Island Assault Attorney

Assault charges in Rhode Island are serious legal matters that can have far-reaching consequences for those accused. If you or someone you know is facing assault charges, it is crucial to understand the legal process, potential defenses, and the importance of seeking an experienced lawyer.

Ellison Law LLC has experienced criminal defense lawyers, who have defended many people accused of committing all various types of assaults in the State of Rhode Island. If you have been charged with any type of assault charge, give us a call today. Assault charges are a serious offense and should not be taken lightly.

They have potential consequences of jail, a suspended sentence, probation, a criminal record, hefty fines and/or fees. The various Assault charges can be found in Rhode Island General Laws § 11-5.

What is Assault in Rhode Island?

In Rhode Island, assault is considered the threat of committing bodily harm, even if you don’t physically touch somebody else. If you intentionally threaten someone and the victim is fearing bodily harm, even if you restrain yourself and you don’t do any physical act, you can be charged with assault. In Rhode Island this charge is known as simple assault.

What is the Difference between Assault and Battery in Rhode Island?

It’s common to mix assault with battery but they’re not exactly the same. In Rhode Island, if you only threaten someone and the victim fears body harm, you will be charged with assault. A battery charge is different in the sense that you did physically contact the other person. This means any type of offensive, unwanted physical contact may lead to getting a criminal charge of battery. This can be a punch, a kick, a shove, a grab or even putting one finger on someone is enough to be considered a battery.

What are the Penalties for Assault in Rhode Island?

  • Up to $1,000 in fines and/or
  • Up to 1 year in prison
  • Potential Probation
  • Potential criminal conviction

What is Felony Assault in Rhode Island?

Felony assault is a much more serious form of assault. A simple assault, which is a misdemeanor, is either the threat of bodily harm or unwanted, offensive physical contact. A felony assault in Rhode Island can be when the victim sustains serious bodily harm or when a dangerous weapon is used to commit the assault.

What are the different types of Felony Assault in Rhode Island?

There are a lot of different forms of felony assault in Rhode Island. It depends on the situation of the assault and what happened to determine whether it is a simple assault or felony assault. It can depend on whether a weapon was used, the injuries of the victim or if the victim is in a class of people that get heightened protections, such as their occupation or their age.

Here are some examples of some of the different types of felony assaults in Rhode Island:

  • Assault with a dangerous weapon: this type of charge is when an assault occurs and you use a deadly weapon like a firearm, a knife or other dangerous weapon.
  • Assault of a person in a protected class: in Rhode island, it is a felony to assault people that are in a protected class like police officers, persons who are in the military or veterans, someone over 60 years old or someone that has some type of severe impairment.
  • Felony domestic assault: a domestic assault is a type of assault committed towards persons who are protected in the domestic laws, which is defined under the law as “spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or persons who are, or have been, in a substantive dating or engagement relationship.” There are special penalties if you commit a felony assault that is also domestic in nature. You can also receive a felony domestic assault charge if you have two prior domestic assault convictions on your record.
  • Assault with the intent to commit a specified felony: this type of assault charge is when you commit an assault with the intent to commit murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature.

What are the Penalties for Felony Assault in Rhode Island?

Rhode Island General Laws § 11-5-2 states: “Every person who shall make an assault or battery, or both, upon the person of another, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery that results in serious bodily injury shall be guilty of a felony assault.”

If such assault results in serious bodily injury:

  • Up to 20 years in prison
  • Potential felony conviction
  • Potential probation

Every other felony assault which results in bodily injury or no injury:

  • Up to 6 years in prison
  • Potential felony conviction
  • Potential probation

What are the Penalties for Battery with Criminal Negligence in Rhode Island?

  • Up to 10 years in prison and/or
  • Up to $10,000 in fines
  • Potential felony conviction
  • Potential probation

Rhode Island General Laws § 11-5-2.2. Battery – Criminal negligence further explains what is criminal negligence:

“‘Criminal negligence’ shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. Criminal negligence is negligence that is aggravated, culpable or gross”

Why did I receive a no-contact order if I had an assault charge in Rhode Island?

It’s common for the judge or the court to give a no-contact order while you are out on bail or if you are convicted of assault. This order prohibits you from contacting the alleged victim in any way: in person or virtually (like through phone calls, texting, emails, etc). It also prevents third-party contact, which means you can’t deliver a message through another person to the alleged victim. If you have a domestic assault charge and live with the alleged victim, a no-contact order could prevent you from going back to your home.

What are Some Potential Defenses to Assault Crimes in Rhode Island?

An experienced criminal defense lawyer may use certain defenses to help you with your case. Some of them are:

  • Self Defense: if you thought that your life was in danger and you used reasonable force to defend yourself.
  • Defense of Another: if you thought that someone else’s life was in danger and you decided to use reasonable force to protect someone else. It could be a family member, a friend or even a total stranger. You can act if you see someone else getting assaulted.
  • No Intent: your attorney can argue that you had no intention of committing an assault or using a weapon, which could help you to achieve a dismissal.
  • It Never Happened: another possible defense is the alleged victim is making the whole thing up and lied to the police.

There are other defenses that a criminal defense lawyer can use like no deadly weapon was used (if applicable to the charge) or explain that the assault actually never happened. Sometimes a defense attorney may argue that the assault is not a felony and instead is just a misdemeanor, this can help lower your exposure in the legal system because a misdemeanor has less of a penalty than a felony.

What can I do if I am Charged with Assault in Rhode Island?

It is important to hire an experienced Rhode Island Criminal Defense Lawyer as soon as possible to begin the process of gathering evidence and crafting a legal defense to the assault charges you are facing. Assault charges are serious legal matters that require a strategic and well-informed approach.

If you or a loved one is facing an assault charge in Rhode Island, don’t hesitate to seek professional legal counsel. Ellison Law LLC has experienced Rhode Island criminal defense lawyers who have represented countless people on assault charges in their careers. An experienced Rhode Island criminal defense attorney can help you understand your rights, explore potential defenses, and guide you through the legal process, working to secure the best possible outcome for your case.

Contact the Rhode Island Assault Defense Lawyers at Ellison Law LLC today at 401-230-5520.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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