As reported by Amanda Milkovits in the December 22, 2011 edition of the Providence Journal, a Pawtucket woman was arrested and charged by Pawtucket Police for felony domestic assault and disorderly conduct. Police responded to a report of a disturbance and found a man with a knife wound to the neck. He was hospitalized for his injuries.
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.
In addition to the penalty of imprisonment, if convicted, the woman would also have to attend domestic violence counseling. The felony assault is characterized as a domestic crime because of the relationship between the woman and the alleged victim. Pursuant to R.I.G.L. 12-29-2, incidents involving family or household members are domestic crimes. Family or household member is broadly defined to include:
"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.
If you or a family member has been charged with domestic assault, domestic disorderly conduct or other domestic violence crimes, 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.