Arrested in Providence and Charged with Multiple Counts of First and Second Degree Sexual Assault
Criminal Charges:
Man charged in the Rhode Island Superior Court (Providence County) for:
- Multiple Counts of First-Degree Sexual Assault Child Molestation, in violation of R.I.G.L. § 11-37-8.1
- Multiple Counts of 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 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 by her landlord when she was between the ages of 5 and 11. Based solely on the girl’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, 10 Years Suspended with Probation.
Attorney Calcagni first prevailed in Rhode Island District Court, prompting his client’s release on bail after an evidentiary 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 him 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, which is a non-sex offense under Rhode Island law, and in exchange for an admission to this less serious offense, receive a suspended sentence with probation. The State agreed and the Court approved. As such, the man admitted to felony assault and received a sentence of 10 years in the ACI, all suspended with probation.