Assault / Battery
Rhode Island Assault Lawyer
Understanding how the law defines these two distinctions may make it easier to understand the charges you might be facing.
Assault doesn’t have to involve any physical contact and can merely involve putting someone in fear of physical contact. A threat is considered an assault.
Battery, alternatively, involves unwanted touching that results in bodily harm or is offensive to a reasonable sense of dignity. Whether it is a shove, kick, punch, or even a finger poking the chest in an instigating manner, all of these could be considered battery.
Rhode Island Attorney Susan T. Perkins is well versed in the differences and distinctions between the two and has defended many clients who faced these charges with victory. Call the office today for a free consultation to explore your options.
§ 11-5-2.2 Battery – Criminal negligence. – (a) When serious bodily injury, as defined in § 11-5-2, of any person, occurs as a proximate result of criminal negligence, the person committing the criminal negligence shall be guilty of battery and shall be deemed to have committed a felony and shall be imprisoned not exceeding ten (10) years or fined not exceeding ten thousand dollars ($10,000), or both.
Rhode Island Assault Charges
No matter what caused the altercation that led to your arrest and assault charge, it is important that you treat these charges seriously. Potential jail time and significant fines are on the line. Also, the offense will remain on your record, serving as an obstacle for your future.
- There are two different types of assault. “Regular” and “Domestic.” If you plead guilty to “domestic” assault you will be banned from owning or possessing a firearm for life. This means you cannot hunt or possess a firearm for your own protection in your home or anywhere else.
- An experienced criminal defense attorney gives you the best chance of having your assault case dismissed or your charges lowered. If you plead guilty to, or are found guilty of assault, many employers will not hire you. Also, many landlords will not allow you to rent from them because the assault conviction will show up on a background check. You will be prohibited from taking part in many volunteer activities such as coaching, chaperoning school events, or supervising students.
- If you are charged with assault, many judges will give you a “no contact” order. This means that you will be prohibited from contacting the alleged victim in any fashion, including personal contact, telephone calls, emails, text messages, etc. You can even be banned from going to your own home if the alleged victim lives there. An experienced criminal defense attorney knows how to request that the “no contact” order be lifted or vacated.
- In Connecticut, Massachusetts or Rhode Island, you can be charged with assault even if you did not hit someone. The laws only require that you engage in an act with intent to cause fear of immediate bodily harm. Many people are charged with assault just for allegedly threatening someone or raising their hand at someone.
- An experienced Rhode Island Assault Attorney is fully aware of how to successfully protect you against assault charges. Self-defense, defense of another, alibi and lack of intent are some assault defenses available to you. A skilled Rhode Island Criminal Defense Attorney like Susan T. Perkins is often able to get charges reduced, have your case dismissed, win at trial, or get you the best outcome available under your circumstances.
If you or someone you know has been charged with Assault or Battery call Rhode Island Assault Attorney Susan T. Perkins today at 401-737-5467 for a FREE consultation.