As reported by Katie Mulvaney in the June 24, 2014 edition of the Providence Journal, a judge has sentenced a Providence man to seventy (70) years imprisonment at the ACI. Earlier this year, the man was found guilty of two (2) counts of felony assault, carrying a pistol without a license, using a firearm to commit a crime of violence and discharging a firearm while committing a crime of violence which resulted in injury. The man shot the new boyfriend of his ex-girlfriend in the leg. The man was sentenced to twenty (20) years imprisonment on each count of felony assault. He received another twenty (20) years imprisonment on the discharging a firearm while committing a crime of violence resulting in injury charge and he received ten (10) years imprisonment on the charge of using a firearm to commit a crime of violence. All the sentences are consecutively, meaning they are added together, for a total of seventy (70) years imprisonment at the ACI.
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.
(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.
The penalties if convicted include imprisonment for not more than twenty (20) years.
Pursuant to R.I.G.L. 11-47-3.2, using a firearm to commit a crime of violence includes no person shall use a firearm while committing or attempting to commit a crime of violence. The penalties vary based on whether injury resulted. b) Every person who, while committing an offense violating subsection (a) of this section, discharges a firearm shall be guilty of a felony and be imprisoned as follows:
(1) Ten (10) years, if no injury to any other person results from the discharge;
(2) Twenty (20) years, if a person other than a police officer is injured by the discharge of the firearm, or if a police officer who is engaged in the performance of his or her duty is deliberately endangered by the person's discharge of the firearm;
(3) Life, if a police officer who is engaged in the performance of his or her duty is injured by the discharge of the firearm; and
(4) Life, if the death or permanent incapacity of any person (other than the person convicted) results from the discharge of the firearm; provided that, involuntary manslaughter shall not be considered a "crime of violence" for the purpose of subdivision (b)(4) only.
The man received the maximum penalties in connection with all counts.
If you or a family member has been charged with assault, felony assault or other crimes of violence, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at firstname.lastname@example.org.