As reported by Donita Naylor in the March 19, 2013 edition of the Providence Journal, a man broke into a Warwick home and assaulted a woman who was inside. The woman's husband came home and was able to capture the man and hold him until police arrived on scene. The man has been charged with breaking and entering, felony assault and simple assault.
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. The penalties if convicted 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.
Pursuant to R.I.G.L. 11-5-2, felony assault is 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. "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.
The penalties if convicted include imprisonment for not more than twenty (20) years. This is much more serious than simple assault which is penalized by imprisonment not exceeding one year or fined not exceeding one thousand dollars ($1,000), or both.
If you or a family member has been charged with burglary, robbery or assault, 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.