As reported by Richard C. Dujardin in the November 30, 2012 edition of the Providence Journal, a North Providence man has been arrested and charged with domestic assault, domestic vandalism, domestic disorderly conduct, failure to relinquish a telephone and breaking and entering. The man alleged forcefully entered a woman's home and then assaulted her.
Pursuant to Rhode Island General Laws 11-8-2, breaking and entering is defined as every person who shall break and enter at any time of the day or night any dwelling house or apartment, whether the dwelling house or apartment is occupied or not, or any outbuilding or garage attached to or adjoining any dwelling house, without the consent of the owner or tenant of the dwelling house, apartment, building, or garage. In this case, the man is accused of breaking into the woman's home during the morning.
If convicted, the penalties include imprisonment for not less than two (2) years and not more than ten (10) years for the first conviction. Every person convicted pursuant to subsection (a) of this section shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them approved by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.
All five (5) charges are considered domestic violence crimes. Pursuant to R.I.G.L. 12-29-2, crimes are categorized as domestic violence crimes if there is a special relationship between the victim and the perpetrator. Domestic violence" includes, but is not limited to, any of the following crimes when committed by one family or household member against another. Family or household member is broadly defined to include 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 addition to the penalties imposed for the specific crimes committed, domestic violence crimes also require domestic violence counseling and no-contact orders with the victims.
If you or a family member has been charged with assault, sexual assault 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