Simple assault or battery charges in Rhode Island
Under Rhode Island Criminal law, Simple Assault or Battery may be found under Rhode Island General Laws, Section 11-5-3. This misdemeanor offense penalizes the conduct of voluntarily making an assault or battery or both on another person.
An assault is defined as an unlawful attempt or offer, with force or violence, to do a corporal hurt to another, whether from malice or wantonness. A battery is an act which was intended to cause, and does cause, offensive contact with or unconsented touching of or trauma upon the body of another.
What are the legal elements for simple assault or battery
In order to be convicted of Simple Assault or Battery, there must exist strong evidence of the following legal elements:
- that the defendant committed an assault or battery on another person
- the defendant did so voluntarily
- the assault or battery was not the result of a mistake or an accident
Potential punishment if convicted of simple assault or battery In Rhode Island
Under Rhode Island law, a conviction for Assault or Battery is a misdemeanor and the defendant shall be sentenced to a term in prison of not more than one year. This penalty may be found at Rhode Island General Laws, Section 11-5-3.
Additionally, if the Assault or Battery was committed against a family or household member, the defendant may face Domestic Violence consequences on top of the Assault or Battery punishment. This penalty may be found at Rhode Island General Laws, Section 12-29-5.4
Simple assault case results
Charges: Simple assault and disorderly conduct in North Kingstown, RI – Case dismissed
North Kingstown, Rhode Island Police responded to a restaurant for a report of a disturbance. Upon arrival, they encountered an intoxicated woman who allegedly caused a disruption inside by arguing with and using profanities toward another patron. Police removed the woman from the restaurant. She argued and struggled with police during this process. She allegedly used profanities against them, to include racial slurs. As one of the officers attempted to secure the woman in the back of the police cruiser, she kicked him repeatedly and began slamming her head against the window in an apparent effort to inflict self-harm. Police had the woman taken to a local hospital for a psychological evaluation. Once cleared by a physician, she was charged with both Simple Assault and Disorderly Conduct. The woman retained Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend her in this matter. Attorney Calcagni obtained evidence to show that the woman’s behavior was the result of a problem with her prescription medication and not her true character. She otherwise has no criminal history, is married with children and owns and operates a successful business. Based on these collective factors, Attorney Calcagni successfully persuaded prosecutors to dismiss this case and its charges. The matter was since been sealed from public record.
Charges: Domestic simple assault in Providence, Rhode Island – Case dismissed
Providence Police responded to a call of a domestic assault. Upon arrival, they encountered an intoxicated male on the sidewalk. Inside they talked to his girlfriend who alleged she had been assaulted. She informed police the couple was at her family’s home earlier in the day celebrating their daughter’s birthday. The man became upset when his girlfriend’s parents asked for their granddaughter to spend the night at their home. When the couple returned home, the man became increasingly aggressive, first verbally, and then physically, by shoving and pushing the woman in the bedroom. One push caused the woman to lose balance and fall back, striking her head and elbow on the wall and floor. This prompted her to call police. She sustained a laceration from this incident. Police arrested the man based on the woman’s claim and observed injury. He then hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him. The man had no record, worked in Corporate America, and was by all accounts, a good father. As the case progressed, the woman retained counsel, invoked her 5th Amendment privilege against self-incrimination, and signed a statement supporting dismissal of the charges. Over time, Attorney Calcagni successfully advocated for the dismissal of this case. The matter is now eligible to be sealed from public record.Domestic Simple Assault in violation of RIGL § 11-5-3 in Providence, Rhode Island, at the Providence County Rhode Island District Court (6th Division)
If you have been charged with an assault offense and need representation, contact the Rhode Island Assault Attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.