A local Rhode Island man has been charged with felony assault with a dangerous weapon for allegedly striking a uniformed police officer outside a Warwick nightclub.  According to the Providence Journal, the two officers were working a security detail and were attempting to speak with the Defendant after he was ejected from the nightclub.  The Defendant then allegedly got into his vehicle and struck one of the officers as he fled the scene, throwing the officer over the hood of the vehicle onto the roadway.  The officer sustained no injuries as a result of the incident.  Ultimately, the Defendant was arrested and charged with felony assault with a dangerous weapon.

 

The charge of felony assault with a dangerous weapon in Rhode Island is an extremely serious offense with a high likelihood of the Defendant facing a serious jail sentence if convicted.  Anyone charged with felony assault with a dangerous weapon faces up to 20 years in prison for a first offense.  Oftentimes the "dangerous weapon" is not as readily apparent as it was in the Providence Journal story referenced above.  The police will frequently charge "shod foot" felony assault with a dangerous weapon where the use of a foot or shoe can be considered a dangerous weapon.  I have handled cases involving the use of very unique "dangerous weapons" including, in one case, a scalding hot pizza just out of the oven.

 

 

In addition to straight felony assault with a dangerous weapon charges, it is also possible to be charged with domestic felony assault with a dangerous weapon in Rhode Island.  These charges bring with them the standard problems in any domestic violence case including (1) mandatory no contact order and (2) mandatory domestic violence counseling if convicted.

 

All felony charges in the State of Rhode Island are prosecuted by the Rhode Island Department of Attorney General's Office and these cases are heard in the Superior Court.  Oftentimes it can take several months or more before the case is ready to proceed into the Superior Court.  Once there, the case will begin the process known as pre-trial conference during with plea negotiations are conducted.  If an agreed upon resolution cannot be reached, the case can be passed for trial where the Defendant has the right to either a bench trial where a single Judge will decide guilt or innocence or a jury trial where a 12 person jury decides guilt or innocence.