As reported by Patrick Anderson in the March 30, 2015 edition of the Providence Journal, a Pawtucket woman has been arrested and charged with felony assault, domestic vandalism and disorderly conduct. The woman allegedly vandalized her ex-boyfriend’s car and then allegedly stabbed her ex-boyfriend’s new girlfriend.
Pursuant to Rhode Island General Laws 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.
(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.
(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.
Vandalism as defined by R.I.G.L. 11-44-1, includes every person who shall willfully and maliciously or mischievously injure or destroy or write upon, paint, or otherwise deface the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his or her lawful business or pursuits, in any manner, the punishment of which is not specifically provided for by statute, shall be guilty of a misdemeanor and shall be fined not exceeding one thousand dollars ($1,000) and/or be imprisoned not exceeding one year, and shall be liable to make restitution for the injury or damage caused. Every person convicted of a first offense under this section shall be required to perform up to one hundred (100) hours of public community restitution work, and for a second or subsequent conviction shall be required to perform up to two hundred (200) hours of public community restitution work. Provided, further that every person who shall willfully and maliciously or mischievously injure or destroy or write upon, paint or otherwise deface government property, or obstruct the use of that property, shall be punished in accordance with this statute. Jurisdiction for matters involving government property shall be concurrent with the district court or the respective city or town police or municipal court.
The vandalism was charged as domestic violence crime because of the relationship between the parties, that of a “family or household member.” Rhode Island law defines “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.
There are seventeen (17) specific crimes which if charged as domestic violence crimes, include additional penalties of domestic violence counseling and a no-contact order with the victim if convicted.
If you or a family member has been charged with assault, vandalism 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.
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