Assault Charge Dismissed for Senior in Rhode Island Condo Dispute
Criminal Charges:
Man charged in the Providence County Rhode Island District Court (6th Division) for:
- Assault and Battery On Person Age 60 or Older, in violation of RIGL § 11-5-10.3
Case Overview:
Police were dispatched to a condominium complex in Burrillville, RI, for a disturbance between two residents. Apparently, two men who owned separate units were not on the best terms. The men exchanged words when one resident standing on his balcony saw the other resident walking across the parking lot. After the man on the balcony shouted out insulting and instigating remarks, the man in the parking area verbally responded in a more aggressive and insulting tone. This prompted the man to dismount from the balcony, exit his home, and pursue his neighbor in the parking lot. As he approached, the neighbor turned around quickly, struck him in the face with a closed fist, knocking him to the ground. The incident was witnessed by several residents, all of whom cooperated with police. In response, the attacker was arrested for Assault and Battery on a Person Age 60 or Older and initially charged in Rhode Island District Court (6th Division). The man retained Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: Dismissed.
Because both men were over age 60, Attorney Calcagni persuaded prosecutors that his client was inappropriately charged under the spirit (if not the letter) of the law, causing the matter be dismissed.