As reported by Maria Armental in the February 29, 2012 edition of the Providence Journal, a West Warwick man has been arrested and charged with simple assault and disorderly conduct - domestic. The man is a police officer.
Pursuant to Rhode Island General Laws 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.
Pursuant to R.I.G.L. 11-45-1, disorderly conduct is more broadly defined to include a person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(1) Engages in fighting or threatening, or in violent or tumultuous behavior;
(2) In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
(3) Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
(4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
(5) Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;
(6) Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or
(7) Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, not withstanding any property rights the individual may have in the location in which the private area is located.
If convicted of disorderly conduct the penalties include imprisonment for a term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both. However, the disorderly conduct charge is a domestic violence charge. Pursuant to R.I.G.L. 12-29-5, if convicted of this charge, additional penalties of domestic violence counseling would be required.
If your or a family member have been charged with a simple assault, disorderly conduct 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 email@example.com.