As reported by Thomas J. Morgan in the June 26, 2014 edition of the Providence Journal, a Rhode Island State Trooper was arrested earlier this year for simple assault. He was accused of assaulting an arrestee in police custody. On Wednesday, the trooper pled to the charge and was sentenced to a one (1) year filing, twenty-five (25) community service and court costs.
Pursuant to Rhode Island General Laws 11-5-3 simple assault is defined as except as otherwise provided in § 11-5-2, 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.
(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.
In this case, the matter was filed for over (1) year. Rhode Island law allows certain types of cases to be filed. Pursuant to R.I.G.L. 12-10-12, a filing is defined as any judge of the district court or superior court may place on file any complaint in a criminal case other than a complaint for the commission of a felony or a complaint against a person who has been convicted of a felony or a private complaint. The court may in its discretion require, as a condition of the filing, the performance of services for the public good or may attach any other conditions to it that the court shall determine; provided, in cases where the court ordered restitution totals less than two hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall require that full restitution be made at the time of sentencing if the court determines that the defendant has the present ability to make the restitution.
A filing is informal probation. The law provides that it shall be an express condition of any filing in accordance with this section that the defendant shall at all times during the one year keep the peace and be of good behavior. A violation of that express condition or any other condition set by the court shall be deemed a violation of the filing and the matter which was filed may be resurrected by the court. A determination of whether a violation has occurred shall be made by the court in accordance with the procedures relating to a violation of probation, §§ 12-19-9 and 12-19-14.
If you or a family member has been charged with simple assault, felony assault or disorderly conduct, 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 rhh@rhumphreylaw.com.