Rhode Island DUI Lawyer, RI DUI, Criminal Defense Attorney, Domestic Assault & Battery, Personal Injury

Rhode Island Criminal Defense Attorney

S. JOSHUA MACKTAZ, Esquire

A Former Rhode Island State Prosecutor

with a concentration in Criminal Defense and Personal Injury Law

Assault & Battery – Rhode Island Attorney

In the state of Rhode Island Assault covers a large section of crimes you might be charged with. Those include:

• Assault
• Assault with intent to commit felonies
• Assault and Battery
• Battery
• Assault of police officers (or other officials)
• Assault on a child
• Battery on a child
• Assault on persons 60 years+
• Assault on impaired persons
• Abuse, neglect, exploitation of impaired adults
• Felony Assault
• Assault with dangerous weapon
• Assault of schoolteachers and school employees
• Assault on correctional officer
• Assault with Bodily Fluid

A criminal assault charge can be extremely serious, and needs to be addressed quickly with the right legal defense. Particularly, if you are the victim or merely an equal participant in a fight - your need to act quickly especially if the other person has decided to file charges against you. Your opportunity to get felony assault charges reduced to simple assault, or simple assault charges dismissed has a limited window where the right motions need to be filed.

If you are facing criminal charges in Rhode Island for Assault and/or Battery you need the immediate assistance of an experienced Criminal Defense Attorney. As a former Rhode Island Special Assistant Attorney General from 1993-1997 I prosecuted hundreds of criminal cases ranging from disorderly conduct and simple assault all the way up to felony assault with intent in every Rhode Island County. Additionally, along with other prosecutors, I lectured in-coming police academy cadets on proper criminal investigations and prosecutions. This unique experience has allowed me a wealth of knowledge not readily available to the average Rhode Island Criminal Defense lawyer. Since 1997 I have been applying all that I learned as a prosecutor in order to better benefit my private clients as a criminal defense lawyer.

CONTACT Joshua Macktaz, a successful and experienced Rhode Island Assault Defense Attorney today for a free, initial consultation to discuss your case. I have the extensive Criminal law experience in the State of Rhode Island that you need.

Successful Recent Rhode Island Criminal Case Defenses by Attorney Macktaz

Criminal Charges:     

Domestic Assault and Battery; Domestic Vandalism; Failure to Relinquish Phone

Police Report: Newport Police respond to a report of yelling and screaming at approximately 2:00am.  When they arrive alleged victim tells police that Client struck her, smashed her cell phone when she tried to call for help, and prevented her from using the home phone to call police.  Client admits to taking the phone out of the alleged victim’s hand and smashing it against a wall.

Result:   

Domestic Assault and Battery:    DISMISSED
Domestic Vandalism:                  DISMISSED
Failure to Relinquish Phone:       DISMISSED

 

Criminal Charges:

Domestic Assault and Battery

Police Report: Client’s son, who resides at home with his parents, refuses to obey a request of the Client to clean up his room and get dressed appropriately for anticipated company. Son refuses and begins a verbal argument with Client. Client smacks son in face with an open hand. When Smithfield police arrive they notice red marks on son’s face and Client admits to hitting his son.

Results:

DISMISSED

Criminal Charges:

Assault and Battery on a Police Officer; Disorderly Conduct

Police Report: Providence Police respond to a report of a woman lying on the sidewalk. Police arrive and discover Client highly intoxicated and yelling at her boyfriend. When police attempt to calm her down and further investigate the matter, she punches and kicks the police officer.

Results:

Count One: DISMISSED
Count Two: DISMISSED

Criminal Charges:

Domestic Assault and Battery

Police Report: Alleged victim contacts Cumberland Police and reports that she has been struck in the face by Client. Police arrive at Client’s home and see fresh red marks on alleged victim’s face and Client admits to slapping victim in the face. Client is arrested by the police.

Results:

DISMISSED

Criminal Charges:

Simple Assault and Battery

Police Report: Client and friends observe Providence meter-maid placing a ticket on a friend’s car at 3:00am. Client removes ticket and allegedly throws it back at the meter-maid, and then slams her leg in her car door as she tries to exit her vehicle. Alleged victim calls her co-workers at the Providence Police Department and Client is arrested.

Results:

DISMISSED

Criminal Charges:

Assault and Battery

Police Report: Client is charged with assaulting bartender at Providence restaurant when asked to leave due to intoxication. Providence Police respond to the scene and have to chase client for a few blocks and then tackle Client in lobby of his hotel in order to arrest him.

Results:

DISMISSED

Criminal Charges:

First Degree Sexual Assault (rape)

Police Report: Alleged victim tells Providence Police that she is out with Client and a large group of friends in Providence. After spending the night “clubbing”, Client and a friend accompany alleged victim to her home while her mother is home. Alleged victim claims that Client sexually assaulted her in her bedroom while his friend watched. Alleged victim goes to R.I. Hospital for a rape-kit test, gives a written statement against Client, and testifies in court at Client’s bail hearing.

Results:

DISMISSED

Criminal Charges:

Domestic Assault and Battery

Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.

Results:

DISMISSED

Click Here to view more recent Successful Criminal Case Defenses by Attorney Macktaz

Assault and Battery

Assault and battery is generally defined under RI assault laws as the act of injuring, hurting, or fighting with another person. To assault someone is to threaten them with physical contact or injury, and battery is the act of physically touching them.

A felony assault charge many include assault or battery with a dangerous weapon, or results in serious bodily injury. Assault with a dangerous weapon may include any weapon or device, including a gun, knife, club or blunt instrument, many different thrown items, or hitting them with your car or vehicle. Even a shod foot may be considered a felony assault with a dangerous weapon. This sometimes referred to as aggravated assault.

A Battery Criminal Negligence charge is when serious bodily injury occurs as a result of inaction incompatible with a proper regard for human life or indifference to consequences.

Contact Rhode Island Assault and Battery Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

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RI Assault Laws and Penalties Summarized

• Simple Assault and Battery is a misdemeanor charge with penalties of up to 1 year in jail and fines of up to $1000.
• Battery - Criminal Negligence is a felony charge, punishable by up to 10 years in prison and fines of up to $10,000.
• Felony Assault is punishable by up to 20 years in prison if convicted.
• Assault with Intent to Commit Specified Felonies (murder, robbery, sexual assault, burglary) is punishable with a minimum or 1 year and up to 20 years in prison.

There are additional penalties for assault charges when the alleged victim is a police officer, schoolteacher or school official, correctional officer, a person over 60 years of age or with severe impairments, and other categories.

There are additional penalties if you are charged with domestic assault on someone who qualifies as a domestic relation under the Domestic Violence Prevention Act. See our page on Domestic Violence and assault for more information.

Rhode Island General Laws on Assault and Battery

CHAPTER 11-5

Assaults

Index Of Sections

• § 11-5-1 Assault with intent to commit specified felonies.
• § 11-5-2 Felony assault.
• § 11-5-2.1 Felony assault by use of devices similar in appearance to a firearm.
• § 11-5-2.2 Battery – Criminal negligence.
• § 11-5-3 Simple assault or battery.
• § 11-5-4 Assault with dangerous weapon in dwelling house.
• § 11-5-5 Assault of police officers and other officials.
• § 11-5-6 Assault and battery in the collection of a loan.
• § 11-5-7 Assault of schoolteachers, school officials or other school department employees.
• § 11-5-8 Assault on correctional officer, or training school employee.
• § 11-5-8.1 Assault with bodily fluid.
• § 11-5-10 Assault on persons 60 years of age or older causing bodily injury.
• § 11-5-10.1 Assault on persons 60 years of age or older causing serious bodily injury.
• § 11-5-10.2 Assault on persons with severe impairments causing serious bodily injury.
• § 11-5-10.3 Assault on persons 60 years of age or older by caretaker causing bodily injury.
• § 11-5-10.4 Assault on persons 60 years of age or older by caretaker causing serious bodily injury.
• § 11-5-11 Assault on persons with severe impairments.
• § 11-5-12 Abuse, neglect and/or exploitation of adults with severe impairments.
• § 11-5-14 Assault on child in care of department of children, youth and families.
• § 11-5-14.1 Assault on child in care of department of children, youth and families causing serious bodily injury.
• § 11-5-14.2 Battery by an adult upon child ten (10) years of age or younger causing serious bodily injury.
• § 11-5-15 Aggravated harassment of a deputy marshal or deputy sheriff by an inmate.
• § 11-5-16 Assault of health care providers or emergency services medical personnel.

Contact Rhode Island Assault and Battery Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.