Fight Your Rhode Island Assault Charge!
Rhode Island Assault Defense Lawyer
Contact Us Now For A Free Consultation
 | ||||
| ||||
| ||||
RHODE ISLAND ASSAULT DEFENSE LAWYER
ATTORNEY MATTHEW MARIN
ATTORNEY MATTHEW MARIN
My name is Matt Marin. My law firm, the Law Offices of Matthew T. Marin, Esq., Inc. is a Rhode Island Criminal Defense Law Firm dedicated to defending and protecting the rights of Rhode Island residents who have been charged with crimes including Rhode Island Assault Charges. I handle cases in every county and court throughout the State of Rhode Island including Domestic Assault, Simple Assault, and Felony Assault. My office is conveniently located in Downtown Providence. If you or a loved one is being investigated or facing assault charges, call me today. I am available 24 hours a day, 7 days a week. The call is free and the initial consultation is free. Any assault charge is a serious matter that should not be taken lightly. Serious charges require a serious defense.
Rhode Island Assault Defense Strategies
An Assault can be alleged in a number of ways under Rhode Island Law – but there are a number of circumstances that can justify violence in the eyes of the law. Some common defense strategies against assault charges include:
• Self Defense: you have the right to defend yourself if you are attacked. However, you do not have the right to use a lethal force unless your attacker is also using lethal force.
• Defense of Another: Sometimes, assault charges are brought against parents who were only defending their children. If your child is being assaulted, then you arguably have the right to step in.
• Mutual Combatants: Was the other person fighting back? If so, then the alleged assault may be more properly labeled a fight. A skilled assault lawyer will seek to have the other combatant refuse to testify to resolve the case.
Rhode Island Assault Penalties and Sentences
The consequences arising from assault convictions can vary. A conviction for misdemeanor assault, also known as Simple Assault, carries with it up to one year imprisonment. A felony assault conviction carries with it up to twenty years imprisonment. In additional to jail, conditions of any sentence can include probation or parole, fines, loss of the right to possess firearms, and mandatory anger management and/or batterers’ intervention classes. The court looks to the offender's criminal record, probation or parole status, and a variety of other factors when determining consequences and sentences. Most assault cases involve numerous legal details, requiring the full attention of an experienced and skilled attorney to give you the best opportunity for success.
Consequences of Assault Conviction
- Jail (up to 1 year for simple assault; up to 20 years for felony assault)
- Probation
- Fines
- Loss of Right to Possess Firearms
- Mandatory Batterers’ Intervention Classes
- No Contact Order with the Victim
- Anger Management Classes
- Substance Abuse Counseling
Rhode Island Assault Laws
(a) Except as otherwise provided in § 11-5-2, 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.
§ 11-5-2 Felony assault –
(a) 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.
It is important to hire a skilled defense lawyer as soon as possible to begin the process of gathering evidence and crafting a legal defense to the serious charges you are facing. Contact Attorney Matthew T. Marin today to schedule a free, confidential consultation to discuss your case, your rights, and your options. The Law Offices of Matthew T. Marin, Esq., Inc. can be reached by calling (401) 228-8271 or by email at mm@matthewtmarin.com.
CHARGES:
(1) SIMPLE ASSAULT AND BATTERY
(2) DISORDERLY CONDUCT
POLICE REPORT: The Police were called to a local residence in response to a report of a fight. Upon arrival, the Police spoke to a teenage boy who stated that the Client, a neighbor, had assaulted him. The teenager stated that the Client, who was highly intoxicated, began throwing beer cans at him and yelling at him to pick them up. After the boy had picked the beers up, the Client allegedly slapped the teenager in the face. Based on the teenager’s statements, the Police arrested the Client and charged him with simple assault and battery and disorderly conduct
RESULT: DISMISSED on 9/15/11
CHARGES:
COUNT 1: DOMESTIC ASSAULT AND BATTERY
COUNT 2: DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: The Client called 911 after an argument with his ex-girlfriend and the mother of his child. When the Police arrived, the Client explained to the Police that she had become angry when he attempted to leave. However, the Client’s ex-girlfriend told the Police that the Client had become angry, belligerent and had assaulted her. After listening to the Client’s ex-girlfriend and observing a disheveled apartment, the Police arrested the Client and charged him with Domestic Assault and Battery and Domestic Disorderly Conduct.
RESULT: ALL CHARGES DISMISSED after the Client successfully completed the Military Diversion Program on 9/1/11
CHARGE: SIMPLE ASSAULT AND BATTERY
POLICE REPORT: Police responded to a 911 call to a local residence. Upon arrival, the Police spoke with the complaining witness who explained that he had arrived at the residence to speak with the Client’s brother. Upon his arrival, he indicated that the Client began verbally assaulting him. As the complaining witness approached the Client, the complaining witness explained that the Client then sprayed mace into his face, blinding him temporarily. A physical altercation then ensued which was eventually broken up by the others present. Based on the statements obtained from the complaining witness, the Client was charged with Simple Assault and Battery.
RESULT: DISMISSED on 8/17/11
CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT: Police received a 911 call from the Client requesting police assistance because of a “deranged” female. The Police arrived on scene to find a hysterical female who stated that the Client had strangled her to the point where she lost consciousness. The complaining witness provided a hand-written statement explaining the incident. Based on the complaining witness’ statement, an arrest warrant was issued charging the Client with Domestic Assault and Battery.
RESULT: DISMISSED after the Client consented to a civil restraining order on 8/16/11
CHARGES: DOMESTIC ASSAULT AND BATTERY
CHARGE: DOMESTIC ASSAULT AND BATTERY (Simple Assault Domestic)
CHARGE: DOMESTIC ASSAULT
CHARGES:
CHARGES:
CHARGE: DOMESTIC ASSAULT AND BATTERY
CHARGES:
CHARGES: SIMPLE ASSAULT AND BATTERY
CHARGES: DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
POLICE REPORT: The complaining witness reported to a local police department that the night prior her ex-boyfriend had been arguing with her. She told the Police that she had attempted to leave the apartment repeatedly and that the Defendant had physically restrained her from leaving by pushing her, grabbing her face, and pinning her to the ground. The complaining witness alleged that while the Defendant was physically restraining her he was screaming repeatedly in her face. The physical altercation allegedly left bruises on the complaining witness' arms and face. Based on the information provided to the Police, an arrest warrant was issued charging the Defendant with Domestic Assault.
RESULTS: NOT GUILTY AFTER TRIAL on 7/28/11
ABOVE CASE CLIENT TESTIMONIAL: Prior to this case, I had never had even the slightest experience with courts, lawyers, or trials in my entire life. Needless to say, I was very nervous and had an endless list of questions regarding possible outcomes and implications for my case. Matt was the consummate professional through every step of the process, from the arraignment, to the pre-trial conference, to preparing our strategy for trial, to the trial itself. I was extremely nervous about the potential damage that this case could do to me, but Matt was able to dispel my worries, not by simply placating me, but with honest, calm, and concrete words about how the proceedings were likely to unfold. Matt's inside knowledge of how the courts work was invaluable, and my case did, in fact, proceed just as he predicted it would. I never doubted my innocence, but Matt was an indispensible ally in my fight to clear my name. I am extremely thankful that he was on my side.
POLICE REPORT:Police responded to a 911 call with medical personnel to a local residence. Upon their arrival, they observed the alleged victim to have physical injuries including cuts, scrapes, and bruises. The alleged victim described an incident to the police in which the Client, while intoxicated, attacked the alleged victim during an argument. He indicated that the Client began kicking, punching, scratching, and hitting him. Based on the alleged victim's statements to the police and the observations of physical injuries the Client was charged with one count of simple assault of a domestic nature (domestic assault)..
RESULT: DISMISSED AT TRIAL on 5/20/11
POLICE REPORT:The Client and his girlfriend had both been drinking at a local establishment. The two were seated in the Client's vehicle in the parking lot. At that point, the Client's girlfriend became belligerent yelling, screaming, slapping and hitting the Client. The Client pushed back defending himself. Onlookers realized a physical altercation was taking place and called 911. The Police arrived and the Client was outside of the vehicle and visibly intoxicated. After speaking with both parties involved, the Police arrested the Client charging him with Domestic Assault and Battery.
RESULTS: DISMISSED on 3/25/11
(1) SIMPLE ASSAULT
(2) DISORDERLY CONDUCT
POLICE REPORT: A large crowd gathered around a woman who appeared to be assaulting a young boy. The crowd began yelling at the woman, screaming at her to stop hurting the child. Allegedly, the Client was part of this large group. According to a witness who was across the street, the Client walked up to the woman and punched her in the head causing her to fall to the ground where the crowd began assaulting her. The witness standing across the street notified the police who arrived and, based on the witness' statement, arrested the Client charging her with simple assault and disorderly conduct.
RESULTS:
(1) DISMISSED
(2) DISMISSED on 3/22/11
(1) DOMESTIC ASSAULT
(2) DOMESTIC VANDALISM
POLICE REPORT: Police were dispatched to a Shell Gas Station parking lot for a report of a domestic disturbance. Upon arrival, the police spoke with the alleged Victim who explained that she had been in a physical altercation and that the Client had allegedly punched her in the mouth and bit her on her forearm. The police observed the Victim to have a fat lip and a bite mark on her right forearm. The Victim went on to state that the Client had smashed her front windshield and damaged the interior of the passenger side doors. Police corroborated the damage to the vehicle. The police placed the Client into custody charging her with domestic assault and domestic vandalism.
RESULTS:
(1) DISMISSED
(2) DISMISSED on 3/9/11
CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT: The Police were called when neighbors heard a loud verbal argument occurring at the Defendant’s apartment. When the Police arrived the alleged Victim was the only individual present. The alleged Victim told the Police that the Defendant had began arguing with her about text messages from another man. According to the Victim, the Defendant then took her phone and physically assaulted her by striking her in the face. Based on the Victim’s written witness statement, the Police arrested the Defendant for Domestic Assault and Battery.
RESULT: DISMISSED on 2/22/11
POLICE REPORT: The Client, a local Providence college student, was walking home from a local bar with her boyfriend after both had been drinking. The Client slipped on ice and fell hurting herself. The Client’s boyfriend began laughing at her, enraging her. According to the alleged Victim, the Client then got up and attacked the Victim, scratching him in the neck. In an effort to calm the Client down, the alleged Victim called the Police. When the Police arrived, they witnessed the injuries to the alleged Victim’s neck and arrested the Client, charging her with domestic assault and battery.
RESULT: DISMISSED on 2/7/11
(1) DOMESTIC ASSAULT AND BATTERY
(2) DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: The alleged Victim responded to the Police Department in the early morning hours claiming that her husband had physically and verbally assaulted her. The alleged Victim told the Police, in the form of a written witness statement, that her husband had become verbally abusive earlier in the night after the two had been out drinking. Once the two had arrived home, the Victim alleged that her husband had began screaming at her and physically assaulting her by kicking her while the two were in bed. The Victim alleged that the physical assault intensified until she was able to break free and head to the Police Department. Based on the alleged Victim’s written witness statement, the Police arrested the Client and charged him with domestic assault and battery and domestic disorderly conduct.
RESULTS:
(1) DISMISSED
(2) DISMISSED on 1/20/11
POLICE REPORT: Client was at a local meeting. The alleged victim, also in attendance, began verbally berating the Client instigating a response. The alleged victim moved towards the Client while raising his voice. The Client puffed his chest out and walked into the alleged victim, pushing him against the wall. After holding him against the wall for a moment, the Client released the alleged victim and left the area. The Police were called and the alleged victim pressed charges against the Client charging him with Simple Assault and Battery.
RESULT: DISMISSED THE DAY OF TRIAL on 1/19/11
(1) DOMESTIC DISORDERLY CONDUCT
(2) DOMESTIC VIOLATION OF A NO CONTACT ORDER
(3) VIOLATION OF FILING ON A DOMESTIC ASSAULT CHARGE
POLICE REPORT: The Client had plead nolo contendre to the charge of domestic assault and battery on a prior case. As a result of that case, the Judge had issued a no contact order between the Client and the alleged victim. Sometime after the resolution of that case, the alleged Victim once again called the Police. When the Police arrived at the scene, the alleged Victim informed the Police that the Client had been yelling and screaming profanities at her moments earlier. When the Police ran the Client’s name they became aware that there was an active no contact order between the Client and the alleged Victim. Based on the alleged Victim’s written witness statement to the Police, the Police arrested the Client and charged him with domestic disorderly conduct and domestic assault and battery. When the Client was arraigned in Court on these charges, the Attorney General’s Office filed a 32F violation of the Client’s prior filing.
RESULTS:
(1) DISMISSED AT TRIAL
(2) DISMISSED AT TRIAL
(3) VIOLATION WITHDRAWN AT TRIAL on 1/13/11
Attorney Matthew Marin defends individuals facing assault charges in Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket.
Rhode Island Criminal Defense Lawyer – (401) 228-8271
Visit My RHODE ISLAND CRIMINAL DEFENSE BLOG
