As reported by Richard C. Dujardin in the July 16, 2013 edition of the Providence Journal, a Johnston man has been arrested by the police and charged with assault, disorderly conduct and failure to relinquish a telephone. All three were charged as domestic violence crimes as the alleged victim is his ex-girlfriend. He is currently being held at the ACI as a probation violator on a shoplifting charge.
Pursuant to Rhode Island General Laws 11-5-3, 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.
(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. The additional penalties include a no-contact order and domestic violence counseling.
Pursuant to R.I.G.L. 11-35-14, failure to relinquish a telephone is defined as any person who willfully refuses to relinquish a party line or who obstructs or damages an individual telephone line or telephone set when he or she knows or should have known that the party line, individual telephone line or telephone set is needed for an emergency call to a fire department or police department or for medical aid or ambulance service.
(b) As used in this section:
(1) "Party line" means a subscriber line telephone circuit consisting of two (2) or more main telephone stations connected with it, each station with a distinctive ring or telephone number; and
(2) "Emergency" means a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.
In this case, the woman was trying to call 911 when the man alleged broke her cell phone. The penalties if convicted include a fine of fifty dollars ($50.00) nor more than three hundred dollars ($300) or be imprisoned ninety (90) days, or both.
If you or a family member has been charged with assault and battery, 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.