As reported in the August 4, 2011 edition of the Providence Journal, the Warren Police Department arrested a man after he assaulted his neighbor. The man and his neighbor got into an altercation regarding the neighbor's yard and its lack of upkeep. The man then chased his neighbor with a shovel and threatened to bash in his head. The police arrested the man and charge him with felony assault.
Pursuant to Rhode Island General Laws 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.
The man was charged with felony assault, as opposed to simple assault, because he used a dangerous weapon, the shovel. Pursuant to Rhode Island General Laws 11-5-3. Simple assault is a misdemeanor and the penalties consist of imprisonment not exceeding one year or fined not exceeding one thousand dollars ($1,000), or both.
If you or a family member have been charged with felony assault, simple assault or other criminal offenses, please allow attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.