Charges Dismissed in Rhode Island Domestic Assault Case
Criminal Charges:
Man charged in the Providence County Rhode Island District Court (3rd Division) for:
- Domestic Simple Assault, in violation of RIGL § 11-5-3
- Domestic Disorderly Conduct, in violation of RIGL § 11-45-1(a)
Case Overview:
Police responded to a 911 call for a domestic disturbance. Upon arrival, they encountered a husband and wife inside their garage. The wife was bleeding profusely from an open gash above her left eye. When questioned by police, she alleged that she and her husband had a verbal disagreement, during which he punched her in the face, above the eye, with a closed fist. She also told police that the husband has hit her many times in the past. The man remained silent, electing not to speak with police. Based on the wife’s claim and obvious sign of injury, police arrested the man and charged him in Rhode Island District Court with Domestic Simple Assault and Domestic Disorderly Conduct. The man retained Rhode Island Domestic Violence Criminal Defense Lawyer, John L. Calcagni III, to defend him in this case.
Case Result: Dismissed.
The man was a Guatemalan Citizen pending application for U.S. Citizenship. Any domestic violence conviction would adversely jeopardize his citizenship prospects. Attorney Calcagni worked with the wife’s lawyer, who represented to the Court and prosecution that the woman had a valid 5th Amendment privilege against testifying about her former claims to police. Overtime, Attorney Calcagni convinced the judge and prosecutor to dismiss this case in exchange for this client’s completion of several hours of anger management classes. The dismissal of this case shall result in no adverse immigration consequences to the man’s U.S. Citizenship pursuits.