As reported by Barbara Polichetti in the November 25, 2012 edition of the Providence Journal, East Providence Police have arrested a man for several felony charges. The man alleged robbed a Domino's while using a gun. When he tried to escape, he stole a police cruiser and then crashed it into other police cars. The man has been charged with seven (7) counts of first degree robbery, three (3) counts of felony assault, felony larceny, resisting arrest and use of a firearm while committing a crime of violence.
Pursuant to Rhode Island General Laws 11-39-1, every person who shall commit: (1) robbery by use of a dangerous weapon; (2) robbery where a victim is injured; or (3) robbery where the victim is a person who is severely impaired or an elderly person; shall be guilty of first degree robbery. The penalties if convicted include imprisonment for not less than ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand dollars ($15,000), or both.
Pursuant to R.I.G.L. 11-5-2, felony assault is defined as 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.
(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 used a weapon while committing robbery, which is a crime of violence, he will face enhanced penalties. Pursuant to R.I.G.L. 11-47-3.2 using a firearm when committing a crime of violence is defined as no person shall use a firearm while committing or attempting to commit a crime of violence. Every person violating the provisions of this section shall be punished for the first offense by imprisonment for ten (10) years. Any sentence imposed upon a person pursuant to this section shall be imposed consecutively to and not concurrently with any sentence imposed for the underlying crime or attempted crime, and the person shall not be afforded the benefits of deferment of sentence or parole; provided, that unless sentenced to life without the possibility of parole pursuant to subdivision (3) of this subsection, a person sentenced to life under this section may be granted parole.
If you or a family member has been charged with robbery, burglary or other crimes of violence, 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.