As reported by Amanda Milkovits in the September 7, 2011 edition of the Providence Journal, a Pawtucket man was arrested for domestic violence. The man alleged shoved and hit his father and broke his father's knee. The man also then assaulted a friend. He has been charged with domestic assault on a person over the age of sixty (60) – causing serious bodily injury, domestic disorderly conduct and simple assault.
Pursuant to Rhode Island General Law, 11-5-10.1, domestic assault causing serious bodily injury is defined as:
(a) Any person who shall commit an assault or battery, or both, upon a person sixty (60) years of age or older, causing serious bodily injury, shall be deemed to have committed a felony and shall be imprisoned for not less than three (3) years but not more than twenty (20) years, or fined not more than ten thousand dollars ($10,000), or both. Every person so convicted 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 attend violence counseling and/or substance abuse counseling, 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. The 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.
(b) "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.
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.
The crime was charged as a domestic crime, meaning the victim and the defendant were related or had a personal relationship, defined as:
(a) 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 assault, domestic battery or other domestic violence charges, 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.