Assault with a dangerous weapon charges in Rhode Island
Under Rhode Island Criminal law, Assault with a Dangerous Weapon may be found at Rhode Island General Laws, Section 11-5-2. This felony offense is also commonly known as Aggravated Assault. This offense penalizes the conduct of an assault or battery by means of a dangerous weapon, dangerous substance, or the occurrence of serious bodily harm.
What are the legal elements for assault with a dangerous weapon
In order to be convicted of Assault with a Deadly Weapon, there must exist strong evidence of the following legal elements:
- that the defendant committed an assault or battery against another person
- by means of a dangerous weapon
- the defendant did so voluntarily
- the assault or battery was not the result of a mistake or an accident
The defendant must have had the actual present ability to inflict harm on the complaining witness by means of a dangerous weapon at the time he or she committed the assault. This means that the defendant has the ability at the time of the assault to inflict harm on the complaining witness by means of the dangerous weapon in question.
As a matter of Rhode Island law, an unloaded but operable pistol is considered a dangerous weapon for purposes of this statute. It is the law that any object that is not a per se dangerous weapon may nevertheless constitute a dangerous weapon if it is used in such a way that it had the capability of producing serious bodily injury.
Potential punishment if convicted of assault with a dangerous weapon in Rhode Island
Under Rhode Island law, a conviction for Assault with a Dangerous Weapon is a Felony. The sentence a defendant faces will depend on whether serious bodily injury occurred, bodily injury occurred, or no injury occurred. If serious bodily injury occurred the defendant shall be sentenced to a term in prison of not more than 20 years.
For all other Assaults with a Dangerous Weapon which result in bodily injury or no injury, the defendant shall be sentenced to a term in prison of not more than 6 years.
This penalty may be found at Rhode Island General Laws, Section 11-5-2. Additionally, if the Assault with a Dangerous Weapon was committed against a family or household member, the defendant may face Domestic Violence consequences on top of the Assault with a Dangerous Weapon punishment. This penalty may be found at Rhode Island General Laws, Section 12-29-5.
If you have been charged with an Assault with a Dangerous Weapon offense and need representation, contact the Rhode Island Assault Defense Lawyers at the Law Office of John L. Calcagni III at (401) 351-5100 to schedule a free consultation.