In January of 2011, our Client was charged by the Providence Police with domestic assault, in violation of Rhode Island General Law 11-5-3/12-29-5.
Simple assault is defined as every person who shall make an assault or battery or both shall be imprisoned not exceeding one year or fined not exceeding one thousand dollars ($1,000), or both. 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.
To be charged with domestic simple assault, a domestic relationship, involving a family or household member, must exist between the alleged perpetrator and the victim. Rhode Island General Law 12-29-2, defines such a relationship as:
"Family or household member" means 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 if persons who are or have been in a substantive dating or engagement relationship within the past one year which shall be determined by the court's consideration of the following factors:
(1) the length of time of the relationship;
(2) the type of the relationship;
(3) the frequency of the interaction between the parties.
In April of 2011, the charge against our Client was dismissed at trial. This successful disposition allows our client to maintain his clean criminal record, to avoid disciplinary proceedings at his college and to avoid imprisonment.
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.