Today, the terms “assault” and “battery” are considered synonymous; however, these terms differ in meaning. In Rhode Island, an assault is an intentional act that places another individual in fear of imminent harm or danger. It is important to note that assault does not require physical contact between individuals. By contrast, a battery involves the intentional touching of another individual without his or her consent that is offensive or results in bodily injury. Pursuant to Rhode Island General Law, 11-5-3, anyone that commits an assault or battery or both may be imprisoned for up to one year, fined up to $1,000, or both. It is important to note that charges for domestic assault and/or battery carry additional penalties, especially those with prior domestic violence offenses, due to the Domestic Violence Prevention Act. More specifically, domestic assault occurs when an individual commits an assault and/or battery upon a family or household member. The following section discusses the different penalties for individuals charged with domestic assault and/or battery, and who is considered to be a family or household member according to Rhode Island General Law, 12-29-2.
First Offense Domestic Penalties
- Up to 1 year imprisonment
- Fine up to $1,000
- Completion of a batterer’s intervention program
- Issuance of a no contact order
- Court Costs including one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.
Second Offense Domestic Penalties
- Imprisonment between 10 days to a year
- Fine up to $1,000
- Completion of a batterer’s intervention program
- Issuance of a no contact order
- Court Costs including one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.
Third Offense Domestic Penalties
- Imprisonment between 1 to 10 years (felony charge)
- Fine up to $1,000
- Completion of a batterer’s intervention program
- Issuance of a no contact order
- Court Costs including one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.
It is important to note that the court will determine whether a relationship is substantive by considering the length of the relationship, the type of relationship, and how often the parties interacted.
Key Definitions
According to Rhode Island General Law, 12-29-2, “family or household member” includes the following:
- Spouses
- Former spouses
- Adults related by blood or marriage
- Adults who currently reside together
- Adults who have resided together in the past 3 years
- Persons who have a child in common regardless of whether they have been married or have lived together
- Persons who are or have been in a substantive dating or engagement relationship within the past year
It is important to note that the court will determine whether a relationship is substantive by considering the length of the relationship, the type of relationship, and how often the parties interacted.
Contact RI Criminal Defense Lawyer Craig Hein
Attorney Craig Hein has been successful in defending those who have been criminally accused. Craig’s style is both aggressive and steadfast. From your first conversation with him, you will realize both his capability in the court room and ability to alleviate much of your stress. Craig has made a living out of turning problems into solutions and does not rest until he does everything possible to achieve a desirable outcome. For a free consultation please call 401-619-7214.