Simple Assault Charges in Rhode Island

If you or a loved one has recently been hit with Rhode Island simple assault charges, there’s a lot at stake. With 25+ years of successful experience defending clients facing these offenses, I’m an RI simple assault lawyer who truly understands what it takes to fight this type of charge.

Plus, as a former RI state prosecutor, I’m able to build the most effective defense possible for clients—no matter what the details of your case may be.

You have to understand that there’s nothing simple about the potential consequences of a Rhode Island simple assault conviction. Having a violent charge such as this on your criminal record can alter the course of your life, from losing job opportunities to serving mandatory jail time.

You need a skilled Rhode Island simple assault lawyer to advocate aggressively on your behalf, which is exactly what I’ve spent the past 25+ years doing. My goal in every single case is to have your charges dismissed and expunged.

What is the Legal Definition of Simple Assault in Rhode Island?

The legal definition of simple assault in Rhode Island is to “make an assault or battery or both” on another individual. Rhode Island defines these terms as follows:

Assault means using force or violence in an attempt to harm another person or make them fear imminent bodily harm
Battery is any act that intends to and succeeds in causing unconsented offensive contact/trauma to another person

Said another way, simple assault in Rhode Island occurs if you threaten to use either verbal or physical force against someone else. If you take it beyond a threat and actually do so, this also qualifies as simple assault.

You may be surprised to hear you can be charged with simple assault even if you don’t make contact with the other person. But it’s true—the mere intent to cause harm means you can be charged.

Penalties for Simple Assault in Rhode Island

Under R.I. Gen. Laws § 11-5-3, the potential penalties for simple assault in Rhode Island include:

Up to 1 year in jail
Up to $1,000 in fines, plus court fees
A no-contact order with the victim
Restitution paid to the victim

But you could face much more severe consequences if your charges are related to domestic violence:

Mandatory completion of a batterer’s intervention program
Additional fees and fines
Minimum 10 days in jail, up to one year (if this is your second offense)
Up to 10 years in jail (if this is your third offense)
Barred from owning or possessing firearms

Per R.I. Gen Laws Chapter 11-5, many other factors can upgrade simple assault charges to the felony level such as:

Whether the victim suffered bodily injury
Whether you used a deadly weapon
If the victim belongs to a protected class
If the accusations include sexual assault or sexual abuse

If any of these circumstances apply, you won’t be facing Rhode Island simple assault charges—you’ll instead be at the felony level, which carries up to a 20-year prison sentence.

Potential Defenses for Simple Assault

As an experienced, knowledgeable Rhode Island simple assault attorney, I know there are only 3 valid legal defenses that RI courts may accept:

Defending others – Someone unable to protect themselves was under assault, and you defended them with necessary force
Self-defense – You were under assault and had to protect yourself with necessary force
Mutual combat – You and the other person were both arrested for assault, but you both agree not to testify in court

If you’d like to learn more about which of these defenses may be suitable for your case, call (401) 861-1155 to request your free case evaluation with RI simple assault lawyer S. Joshua Macktaz, Esq. today.

You Need a Knowledgeable, Reliable, and Aggressive Rhode Island Simple Assault Lawyer

Being convicted for simple assault in Rhode Island is anything but simple. Even if there aren’t any factors at play that can enhance the charges, you still face up to an entire year in prison.

Plus, potential employers, landlords, and loan officers may look at you differently upon seeing a violent conviction on your criminal record. As a former RI prosecutor, I know just how hard the state will work to see you convicted of these charges.

You need a knowledgeable, dependable, and aggressive Rhode Island simple assault lawyer who’s dedicated to getting your case dismissed and expunged. This is exactly my goal in every case. I’ll be right by your side through the process, from researching your case to representing you anytime we appear in court.

Rhode Island simple assault charges can easily wreak havoc on your life and your future. The sooner you call me, the sooner we can begin building the best possible defense.

Call (401) 861-1155 now to request your free case consultation.

RI Simple Assault FAQs

How does Rhode Island law distinguish between simple and aggravated assault?

Rhode Island doesn’t distinguish between simple and aggravated assault—the distinction is instead between simple and felony assault.

What you’ll be charged with depends on the nature of the assault and how much, if any, harm was caused to the victim. Felony assault is classified as any of the following:

A device resembling a firearm, a dangerous weapon, or a dangerous substance was used
The victim is a member of a protected class or a law enforcement/public official
Bodily harm or severe bodily injury was caused to the victim

For example, let’s say you throw a punch at someone and miss. Because you had the intent to do harm, you can be charged with simple assault.

But if you throw a punch and cause severe bodily harm, you may be charged with felony assault. The distinction depends on details such as this.

How does Rhode Island law address simple assault against public officials or law enforcement?

Rhode Island law dictates that simple assault against public officials or law enforcement is a felony charge, and carries far steeper penalties such as:

Up to 3 years in prison
Up to $1,500 in fines, plus court fees
1 year of mandatory probation

Keep in mind, you’ll also have a violent felony on your record if you’re convicted. This can limit your job opportunities, housing options, child custody arrangements, college admissions, and ability to procure professional licenses.

Can a simple assault charge in Rhode Island be dismissed or reduced?

Yes, a simple assault charge in Rhode Island can be dismissed or reduced, but you have to remember it takes work to make this happen.

Especially because this is a violent offense, achieving a reduction or dismissal requires expertise and a deep knowledge of how Rhode Island law works. You have to demonstrate, for example, that there isn’t sufficient evidence to proceed with charging you.

The best route for getting your charges dismissed or reduced is to work with an aggressive, experienced Rhode Island assault defense lawyer like myself who can prove the evidence is lacking or inadmissible. With a successful track record spanning over 25 years, I know what it takes to achieve these results—no matter the specific details of your case.

If you or a loved one are facing Rhode Island simple assault charges, call (401) 861-1155 now for your free case evaluation.