As reported by Amanda Milkovits in the January 22, 2014 edition of the Providence Journal, a Cranston man was previously arrested and charged with domestic simple assault and domestic failure to relinquish a telephone. The charges were recently dismissed.
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. Additional penalties of domestic violence counseling and a no-contact order would have been imposed if the man had been convicted.
Pursuant to Rhode Island General Laws 11-35-14 defines failure to relinquish a telephone as any person who willfully refuses to relinquish a party line or who obstructs or damages an individual telephone line or telephone set when he or she knows or should have known that the party line, individual telephone line or telephone set is needed for an emergency call to a fire department or police department or for medical aid or ambulance service. "Emergency" means a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.
The penalties if convicted include a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300) or be imprisoned ninety (90) days, or both. Additional penalties of domestic violence counseling and/or a no-contact order with the victim could be imposed.
Only a specific set of crimes can be classified as domestic violence crimes. The Domestic Violence Prevention Act (R.I.G.L. 12-29) lists sixteen (16) crimes which can be charged as domestic violence if the victim and the perpetrator have a special relationship, such as marriage or parent/child. The crimes are simple assault, felony assault, vandalism, disorderly conduct, trespass, kidnapping, child-snatching, sexual assault, homicide, stalking, failure to relinquish a telephone, burglary, arson, cyberstalking and cyberharassment, assault by strangulation and violation of a protection order or no-contact order.
If you or a family member has been charged with domestic assault, domestic battery 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 Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at firstname.lastname@example.org.