As reported by Amanda Milkovits in the December 30, 2010 edition of the Providence Journal, a Pawtucket man has been charged with domestic simple assault, domestic disorderly conduct and resisting arrest. His most serious charge is felony domestic assault, which is based on the allegations that he held a knife to his wife's throat and threatened to kill her. The man has a history of domestic violence related charges.
Pursuant to Rhode Island General Law 11-5-2, felony assault is defined as:
(a) Every person who shall make an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery which results in serious bodily injury, shall be punished by imprisonment for not more than twenty (20) years.
(b) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.
(c) "Serious bodily injury" means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or
(3) Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person.
Because the man is charged with felony domestic assault, if he is convicted, he will face additional penalties under R.I.G.L. 12-29-5, including mandated counseling or batterer's intervention program.
If you or a family member has been charged with domestic simple assault, domestic disorderly conduct, domestic trespass, domestic vandalism and/or a violation of a no contact order, please allow attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.