Recent Posts in Felony and Misdemeanor Charges Category

As reported in the July 1, 2010 Providence Journal, the Rhode Island General Assembly passed a new law focused on date rape.  "Date Rape" refers to a specific type of sexual assault.  Sometimes drugs are used to alter the victim physically or mentally, making it easier for the sexual assault to occur.  The new bill makes it a felony for a person to distribute a controlled substance to another person without their knowledge with the intent to commit a crime of violence against that person.  Even if the perpetrator does not actual commit the crime of violence, he/she can be convicted under the new law.  If convicted, a person can face up to ten (10) years in prison.

The bill was proposed over two years ago and based on a real situation that happened in Warwick, RI.  A man put a drug into a woman's drink, but luckily, her friends witnessed his actions.  The man was then detained until police arrived. However, the police had to let the man go because at the time no crime had been committed.

If you or a family member have been charged with rape, sexual assault or other sex crimes 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.

As reported in the June 16, 2010 Providence Journal, two men were involved in a "road rage" incident, which led to criminal charges.  Both men have been charged with simple assault because of an altercation on the side of the road.  The incident started when one man allegedly cut off the other.  They then drove next to each other, cutting each other off and eventually pulled over on the side of Route 24.  Both men got out of their respective cars and confronted each other.  It became physical when one man grabbed the other's arm and he retaliated with pepper spray.  Although both men were only charged with simple assault, they could have faced much harsher penalties under Rhode Island law.

Road rage can easily escalate into situations involving high speeds, unsafe driving, car crashes and police chases.  These can all lead to criminal charges of reckless driving and eluding police. 

Rhode Island General Law 31-27-4 Reckless Driving:

Any person who operates a motor vehicle recklessly so that the

lives or safety of the public might be endangered, or operates a

vehicle in an attempt to elude or flee from a traffic officer or

police vehicle, shall be guilty of a misdemeanor for the first

conviction and a felony for the second and subsequent conviction.

Rhode Island General Law 31-27-4.1 Eluding Police:

                                Any person who in an attempt to elude or flee from a police

 officer in an emergency police vehicle in a high speed pursuit

of the person, operate a motor vehicle at speeds greater than

fifteen (15) miles per hour over the speed limit or who causes

property damage only in excess of one thousand dollars ($1,000).

The penalties for violation of the eluding police statute (R.I.G.L. 31-27-4.1) include the following:

First Offense:

• Imprisonment of up to one year;
• A fine of not less than $500 and not more than $1,000;
• License suspension of not less than ninety (90) days but not more than six (6) months; and
• Forfeiture of motor vehicle.

Second and Subsequent Offenses:

• Imprisonment not less than two (2) years but not more than five (5) years;
• A fine of not less than $2,000 and not more than $5,000;
• License suspension of not less than one (1) year but not more than five (5) years; and
• Forfeiture of motor vehicle.

If you or a family member has been charged with reckless driving, eluding police or other driving related crimes 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.

As reported by W. Zachary Malinowski, Amanda Milkovits and Tracey Breton in the June 10, 2010 Providence Journal and Kate Bramson in the June 15, 2010 Providence Journal, four police officers and one corrections officer were indicted on drug charges.  These new indictments are all part of the undercover operation known as Operation Deception, organized by the Rhode Island State Police. The original investigation led to the arrest of three police officers in March.  As the investigation continued, another police officer, a corrections officer and 19 other people were also arrested.  In total 24 people have been indicted and charged with 89 counts.  Two other suspects turned themselves in to the Rhode Island State Police following the indictments.  The Rhode Island State Police used wiretaps and electronic car monitoring during their investigation, which helped lead to the arrests. 

Two of the four police officers arrested and charged were veteran narcotics detectives from the Providence Police Department and had served in the narcotics division for fifteen years.  Both were part of an investigation in 2004 which led to more than $1 million worth of cocaine being seized.  At the time, that was the largest drug seizure in the history of the Providence Police Department. 

All 24 people were charged with drug related offenses, including conspiracy to deliver marijuana, conspiracy to deliver cocaine, possession of cocaine, harboring a drug dealer, solicitation to deliver cocaine, and possession of cocaine with intent to deliver.   The alleged drug dealer is Albert Hamlin, the brother of one of the police officers who was charged.  Hamlin is charged with 21 counts of possession with intent to deliver cocaine.  It is believed that Hamlin received protection from his brother for his drug dealing, including tipping him off about other police officers.

As reported by Tatiana Pina in the May 27, 2010 Providence Journal, a Providence sex offender was charged with three new crimes, felony assault, breaking and entering and failure to notify the police of a change of address.  He broke into a woman's apartment and pulled out a knife.  The woman was able to defend herself and then forced the sex offender to leave her apartment.  The man was labeled a sex offender because of a 2003 conviction for sexual assault of a minor at gunpoint.  He served time at the Adult Correctional Institutions (ACI) before being released last summer.

As reported by Felice Freyer in the May 17, 2010 Providence Journal, a police chase led to the arrest of a Pawtucket man.  The RI State Police responded to a 911 call about a motorist hitting a Jersey barrier on Rt. 95 and continued driving.  The police were able to locate the vehicle and tried to stop it.  During the chase, the police learned the motorist was driving a stolen car.  The car chase ended on Gano Street when the motorist jumped from his car while it was running and proceeded to run away on foot. His car then rolled backwards into a house.  As the police pursued the motorist on foot, they observed him swallow a plastic bag, which the police believe contained heroin.  After the motorist was arrested, the police learned he was wanted on three outstanding warrants. The motorist also faces new charges of possession of a stolen motor vehicle, reckless driving, eluding a police officer, drunk driving (DUI), resisting arrest, simple assault, malicious damage and driving with a suspended license.

As reported by Katherine Gregg in the May 5, 2010 Providence Journal, members of the Senate Judiciary Committee conducted hearings on a proposed bill to decriminalize marijuana.  Under current Rhode Island law, any possession of marijuana is a misdemeanor and penalties including a $200-$500 fine and up to one year in jail.  The new proposal would decriminalize marijuana possession of one ounce or less and instead of facing criminal charges, possession would be a civil offense.  The sole penalty would be a fine ranging from $150-$1,000 for first time offenders.  Repeat offenders could eventually be charged with a misdemeanor.  Proponents of decriminalization argue this bill will help reduce the prison population and raise revenue for the State through taxes on the sale of marijuana.  Opponents express concern about the impact on "young people of making marijuana a more legally and socially acceptable drug."   Although the debate regarding decriminalization of marijuana continues, it is important to remember that possession of marijuana is still a crime in Rhode Island.

As reported by C. Eugene Emery Jr. in the May 4, 2010 Providence Journal, Cranston police conducted a routine traffic stop of a speeding car.  During the stop, the police noticed markings on the car's armrest, which led them to a secret compartment inside the vehicle.  Upon opening the secret compartment, police discovered a loaded semiautomatic handgun and rounds of ammunition.   Police then arrested the passenger of the vehicle and charged him with felony counts of having a loaded weapon in a vehicle, not having a license for the handgun and being a convict in possession of a firearm. 

As reported by Kate Bramson in the April 6, 2010 Providence Journal, the Rhode Island State Police arrested an "erratic driver who apparently caused on accident on Route 10 early Monday morning and is now charged with drunk driving and facing deportation."  It is alleged that the driver is in this Country illegally and has been charged by the Rhode Island State Police with obstruction of a police officer, driving without a license, chemical test refusal, DUI and reckless driving.

If you or a family member have been charged with a DUI, Refusal to Submit to a Chemical Test and/or Reckless Driving, 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.

As reported by Niraj Warikoo of the Detroit Free Press in the March 31, 2010 Providence Journal, militia groups are a growing trend in the United States because of the troubled leadership at the Federal level, the poor economy and the country's changing demographics.  "The number of extremist anti-government groups and militias grew from 149 in 2008 to 512 in 2009, …"  The Michigan-based militia group "allegedly planned an uprising against the U.S. Government."  It is alleged by Federal officials in Michigan that the nine member anti-government group was plotting to use "weapons of mass destruction."

If you or a family member is charged with a crime of violence or conspiracy to commit a crime of violence, 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.

"A North Kingstown man faces two counts of felony assaults with a dangerous weapon, carrying a weapon while intoxicated and not having a permit to carry a pistol, after an incident" in North Kingstown as reported by Donita Nayllr in the March 25, 2010 Providence Journal.

If you or a family member is charged with a felony assault, a domestic assault, a simple assault, an assault with a dangerous weapon, carrying a weapon while intoxicated or possessing a firearm without a permit, 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.

A three (3) year suspended sentence with probation is the sentence received by a Barrington man charged in 2005 with video voyeurism.  The Barrington man pled guilty to one (1) count video voyeurism after he took an inappropriate photograph of a young girl at his Warren coffee shop.

As reported by Linda Borg in the March 24, 2010 Providence Journal, the video voyeurism law “was enacted in 2004 to protect people from being secretly photographed or videotaped.  The crime carries a penalty of up to three years in prison and a $5,000.00 fine.”  The Barrington man was also charged with one (1) count of possession of marijuana.  “At the time of his arrest, the police said they had found photos of the girl on Byrne’s digital camera along with images of more than fifty ‘unsuspecting’ adult women.”

If you or a family member has been charged with a sex crime in Rhode Island, including video voyeurism, 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.

As reported by Katherine Gregg in the March 17, 2010 Providence Journal, “a state Senate commission has recommended the decriminalization of an ounce or less of marijuana.”  It is anticipated that Rhode Island may follow the Massachusetts marijuana law where adults found in possession of an ounce or less of marijuana are required to pay a $100.00 civil fine.  Currently, anyone found in possession of marijuana in Rhode Island is guilty of a misdemeanor and is punished by a fine of $200.00 to $500.00 and up to a year in jail.  The Rhode Island Department of Attorney General and many police departments have opposed the decriminalization of marijuana.  The Rhode Island Police Chiefs Association has referred to marijuana as a “dangerous drug”.  Last year there were 2,546 arrests for first offense possession of marijuana.  Although the decriminalization of marijuana is being hotly debated in Rhode Island, it is important to remember that possession of marijuana is still a crime in Rhode Island.

Town of Middletown Police Department charge:  Domestic Simple Assault and Battery in violation of R.I.G.L. 11-5-3 and 12-29-1.

Resolution:  Before the Newport County District Court the  domestic simple assault and battery charge against my client was dismissed.

As an adjunct professor at Salve Regina University, located in Newport, Rhode Island, I am honored to teach the students regarding Rhode Island sex crimes.  The recently conducted Sex Crimes class at Salve Regina University addressed a broad range of Rhode Island  sex crimes including the following:

• First degree sexual assault
• Second degree sexual assault
• Third degree sexual assault
• First degree child molestation
• Second degree child molestation
• Bigamy
• Adultery
• Necrophilia
• Abominable and detestable crime against nature
• Disorderly conduct – lascivious purpose
• Disorderly conduct – indecent exposure
• Prostitution 
• Video voyeurism
• Child pornography
• Trafficking of persons for forced labor or commercial sexual activity

As reported by Tatiana in the February 17, 2010, Providence Journal, “the Hopkinton Police charged a Charlestown couple with drug and gun possession Sunday and confiscated marijuana, cocaine, and assault rifle, a sniper rifle and a shotgun from their house.”

If you or a family member has been charged with possession of marijuana, possession of cocaine,  assault and such or illegal possession of firearms in the towns of Hopkinton or Charlestown or another Rhode Island community, please allow  Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process.  Contact  Robert H. Humphrey, Esq. at (401) 816-5862 or e-mail him at rhh@rhumphreylaw.com.