As reported by Bryan Rourke in the March 29, 2011 edition of the Providence Journal, an East Providence man was charged with felony domestic assault. According to police, the man threatened his girlfriend with a gun. The man is facing several additional charges including
domestic simple assault and using a firearm while committing a crime of violence.
Pursuant to Rhode Island General Law, 11-5-2, felony assault is defined as:
(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.
To be charged with domestic felony assault, a domestic relationship, involving a family or household member, must exist between the alleged perpetrator and the victim. Rhode Island General Law 12-29-2, defines such a relationship as:
"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.
If you or a family member has been charged with domestic simple assault, domestic disorderly conduct, domestic trespass, domestic vandalism and/or a violation of a no contact order, please allow attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please
contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at email@example.com.