Second Degree Child Abuse in violation of R.I.G.L. § 11-9-5.3 (b)(2); Case Result – Warwick Rhode Island

Charges

• Second Degree Child Abuse in violation of R.I.G.L. § 11-9-5.3 (b)(2);
• Domestic Simple Assault and/or Battery, in violation of R.I.G.L. § 11-5-3 (b) and 12-29-2 (a)(1);
• Domestic Disorderly Conduct, in violation of R.I.G.L. § 11-45-1 (a) and 12-29-2 (a)(4)

Court Information

Warwick, Rhode Island
Kent County
Rhode Island Superior Court (Kent County)

Case Overview

Warwick Police responded to a call of a domestic disturbance. Upon arrival, officers met with a mother who said her child’s father slapped their child across the face. Officers observed a distinct raised and red handprint on the child’s face and neck. The child also had a blood nose. When the woman tried to call police using her cellphone, the man allegedly attacked her and forcibly removed the phone from her hand. He then left the scene. Officers eventually located the man and conducted a traffic stop of his vehicle. Based on the woman claims, and observed injuries, they arrested the man and charged him with Second Degree Child Abuse, Domestic Simple Assault and/or Battery, and Domestic Disorderly Conduct. He was prosecuted in Rhode Island Superior Court. The man’s grandparents retained Rhode Island Criminal Defense Attorney, John L. Calcagni III, to defend him in this matter. After many months of pretrial negotiations, Attorney Calcagni persuaded the State to allow the man to receive a deferred sentence. Under Rhode Island criminal law, a deferred sentence calls for the man’s acceptance of responsibility to the charged offenses but does not result in any sentence or punishment being imposed. So long as the man stays out of trouble for up to 5 years, his case will be dismissed and expunged from his record at the conclusion of the deferred sentence period.

Case Result

5-years deferred sentence.