As reported by Mark Reynolds in the March 26, 2013 edition of the Providence Journal, a Johnston man was found guilty of simple assault following trial. The man assaulted the Johnston Town Council President because he believed the man was having an affair with his wife. The assault occurred in bakery. The man was sentenced to six (6) months probation.
Pursuant to Rhode Island General Laws 11-5-3, simple assault is 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.
Although the case involved a domestic related dispute, it was not charged as a domestic violence crime because there was not a family or household relationship between the two men. Pursuant to R.I.G.L. 12-29-2, a "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 felony assault, simple 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.