Providence Assault & Battery Defense Attorney

Fighting Against Assault & Battery Charges in Rhode Island

The laws in Rhode Island do not tolerate any violence or threat of violence of any sort. The strictness of the law can lead to exaggerated claims, misunderstandings, and falsified reports putting people in jail and awaiting their time in court.

If you have been arrested for assault and/or battery and you think you should be exonerated of the allegations, contact Attorney Jason Knight today. As a former prosecutor and someone who has earned a “Superb” Avvo rating, he stands out from other defense attorneys in the state, and even the country.

What is the Difference Between Assault and Battery?

More often than not, when you hear about a violent crime, it is described as assault and battery. The odd thing about this is that “assault and battery” is not a criminal charge; they actually mean that assault was committed as well as battery, and the two are two different charges altogether.

Assault & Battery Defined:

• Battery: Unwelcomed, aggressive, or harmful touching, such as a pinch all the way up to a physical blow.
• Assault: Verbal or bodily intimidation or threats, such as throwing a punch and missing

The two criminal offenses are almost-always paired with one another due to the fact that it is unlikely that one has occurred without the other. In other words, someone who vows to hurt someone (assault) usually follows through with their claim immediately (battery). On the other hand, someone who intentionally harms someone does not typically do so without some sort of warning or threat.

What are the Penalties for Assault or Battery in Rhode Island?

If you are convicted of assault or battery charges in Providence and Rhode Island state, you could face the following penalties:

• Due to the similar nature of assault and battery, they have identical punishments in most cases.
• The average sentencing will include 1 year in jail and up to $1,000 in fines.
• It will also open up the convicted to civil lawsuits from the alleged victim, which could result in steep amounts paid in restitution.
• If the incident could be linked to domestic violence, penalties can include additional fines, removal of custody rights, and mandatory intervention.

Understanding Aggravated Assault and Battery Charges in Rhode Island

Aggravated assault and battery involve more serious circumstances compared to simple assault and battery and include the use of a weapon, the intent to cause serious bodily injury, or the actual infliction of significant harm. 

Both aggravated assault and aggravated battery are considered felonies in Rhode Island. The penalties can vary based on the severity of the injury, the use of weapons, and other circumstances.

Under Rhode Island General Laws Title 11, § 11-5-2, you can receive a maximum penalty of six years or twenty years imprisonment depending on the level of bodily injury. Also, victims may be awarded restitution for medical expenses, lost wages, and other damages resulting from the crime.

Potential Defenses for Assault and Battery Charges

There are potential defenses that can be employed to challenge the prosecution's case. Each defense strategy depends on the specifics of the case, including evidence, witness testimony, and the circumstances surrounding the incident.

Here’s an overview of potential defenses for assault and battery we can use in your case:

• Self-Defense or Defense of Other: These are legal justifications for using force to protect oneself or others from imminent harm.
• Consent: This defense is applicable when both parties agreed to the physical contact, such as in sports or consensual physical interactions.
• Mistaken Identity: Mistaken identity occurs when the accused is wrongly identified as the perpetrator.
• False Allegations: This may be made due to personal conflicts, misunderstandings, or ulterior motives.
• Lack of Intent: To use this defense, we must demonstrate that any harm caused was accidental and not intentional.
• Provocation: Provocation involves showing that the alleged victim’s actions led to the incident.
• Insanity or Mental Incapacity: This defense asserts that you were unable to understand the nature of your actions due to a severe mental illness.
• Lack of Evidence: We may highlight the lack of evidence to support the allegations and challenge the credibility or reliability of the prosecution’s witnesses.

Comprehensive & Knowledgeable Legal Defense in Providence

Do not allow your assault and battery case to fall apart into nothing more than your word against the accuser’s. The court is more likely to lean toward a conviction if there is not strong evidence to prove that you are innocent of the alleged crimes, or at least not guilty of how they are being described.

With our Providence assault & battery attorney in your corner, you can trust that your case is being taken seriously and handled by a professional who knows what the prosecution is thinking, and how to challenge their claims. We are located in Providence but serve clients throughout Rhode Island.