Newport Assault Arrests

As reported by Bryan Rourke in the January 4, 2011 edition of the Providence Journal, two (2) Newport women were arrested after they began fighting with each other.  Both women are now facing criminal charges as a result.

Allegedly one woman tried to enter the other woman's apartment. A fight broke out, the woman used her fists, while the other woman responded by using a knife.  The first woman is charged with breaking and entering and simple assault.  The second woman is charged with felony assault.

Pursuant to Rhode Island General Law 11-5-3, simple assault is a misdemeanor and 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. Felony assault is a much more serious offense.  Pursuant to Rhode Island General Law 11-5-2, the penalties include imprisonment for not more than twenty (20) years.  The second woman's actions constitute felony assault because of the knife.  Under R.I.G.L. 11-5-2, felony assault is defined as:

 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.