Child Molestation Charges Dismissed in Providence RI
Criminal Charges:
Man charged in the Providence County Rhode Island Superior Court for:
- Multiple Counts: First Degree Sexual Assault Child Molestation, in violation of R.I.G.L. § 11-37-8.1
- Multiple Counts: Second Degree Child Molestation Sexual Assault, in violation of R.I.G.L. § 11-37-8.3
City, State, County and Court:
Providence, Rhode Island, Providence County
Rhode Island Superior Court (Providence County)
Case Overview:
An elderly man and his wife lived on the first floor of their multi-family home. The second floor was occupied by a single mother and her young daughter. A dispute arose between landlord and tenant over unpaid rent. This triggered commencement of an eviction action. Soon thereafter, the woman’s daughter accused the elderly man of conduct that qualified under Rhode Island Criminal Law as Second Degree Child Molestation (sexual contact) and First Degree Child Molestation (penetration). The 11 year-old alleged multiple instances of digital penetration and vaginal touching between the ages of 5 and 11. Based solely on the daughter’s uncorroborated word, the man was arrested and initially held without bail. He retained Rhode Island Sex Crime Defense Lawyer, John L. Calcagni III, to defend him in this very serious matter.
Case Result: Amended to Felony Assault, and sentenced to 10 years suspended with probation.
Attorney Calcagni first prevailed in Rhode Island District Court, prompting his client’s release on bail following a bail hearing. Once the case was indicted in Superior Court, it was passed for trial. As Attorney Calcagni prepared tirelessly for trial, the prosecution called the week beforehand to engage in plea discussions. After a few rounds of negotiations, Attorney Calcagni persuaded state prosecutors to dismiss all the charged felony sex offenses and allow his client to admit to a single count of felony assault, a non-sex offense under Rhode Island law, and in exchange, receive a suspended sentence with probation. The State agreed and the Court approved. As such, the man admitted to this much less serious offense and received a sentence of 10 years in the ACI, all to be suspended with probation.