As reported by Thomas Morgan in the October 18, 2010 edition of the Providence Journal, a Providence man is being charged in connection with an attempted burglary, a felony. Apparently the man tried to break into a woman's house through her kitchen. She then screamed and he fled the scene.
Police arrested the man near the home where the burglary occurred. The suspect had his nickname tattooed on his arm, which matched the name on a cell phone that police recovered in the victim's backyard.
Pursuant to R.I.G.L. 11-8-2.2, burglary is defined as every person who shall break and enter into any dwelling house or apartment without the consent of the owner or tenant at a time when the resident or residents of the dwelling house or apartment are on the premises.
The penalties include imprisonment for not less than one year and not more than ten (10) years and shall not be afforded the provisions of suspension or deferment of sentence nor probation and may in addition be fined not more than five thousand dollars ($5,000).
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. 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; provided, that nothing contained in this section shall be construed to require the payment of restitution while the convicted person is imprisoned.
However, in this case, the victim of the attempted burglary was eighty-seven (87) years old. The penalties for burglary are enhanced if the victim is over the age of sixty (60) years. Pursuant to 11-8-2.3, the man is facing imprisonment for not less than four (4) years and not more than twenty (20) years for the first conviction, and for the second and subsequent convictions shall be imprisoned for not less than six (6) years and not more than twenty (20) years, and may in addition be fined not more than fifteen thousand dollars ($15,000) for a first conviction and not more than twenty thousand dollars ($20,000) for second and subsequent convictions.
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 imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. 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; provided, that nothing contained in this section shall be construed to require the payment of restitution while the convicted person is imprisoned.
If you or a family member have been charged with burglary or other criminal offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.