As reported by Jennifer Jordan in the November 26, 2011 edition of the Providence Journal, a Providence woman was arrested and charged with three (3) counts of assault with a dangerous weapon, a knife. The woman alleged stabbed two sisters in a Wal-mart. Both sisters sustained injuries and required hospitalization. The woman also threatened to stab another person.
Pursuant to Rhode Island General Laws 11-5-2, felony assault is defined as:
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.
Felony assault is much more serious than simple assault. Pursuant to R.I.G.L. 11-5-3, simple assault is defined as 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.
Both simple assault and felony assault can be considered domestic violence crimes. If convicted of a domestic assault, in addition to the typical penalties, a person would also be required to undergo domestic violence counseling.
If you or a family member has been charged with domestic simple assault, felony assault or other domestic violence crimes, 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 rhh@rhumphreylaw.com.