8 august 2017
Rhode Island Domestic Assault and/or Battery Statute and Penalties
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
Second Offense Domestic Penalties
Third Offense Domestic Penalties
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.
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