Charlestown Navy Veteran Avoids Sex Offender Status
Criminal Charges:
Man charged in the Rhode Island Superior Court (Washington County) for:
- Second Degree Sexual Assault Child Molestation, in violation of RIGL § 11-37-8.1
City, State, County and Court:
Charlestown, Rhode Island, Washington County
Rhode Island Superior Court (Washington County)
Case Overview:
An elderly man was accused by his two granddaughters of child molestation. The two sisters, now teenagers, made delayed accusations after the passage of years after the last alleged incident. The girls claimed that their grandfather touched them inappropriately in areas such as the vagina, buttocks, and inner thighs. They further claimed a pattern of this conduct when visiting their grandfather’s home. No one saw, heard, or suspected the alleged incidents. Based solely on their delayed, verbal complaints, the man, a Navy Veteran, was charged with five counts of Second Degree Sexual Assault Child Molestation. He responded by retaining Army Veteran and Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this very serious matter.
Case Result: Charges Amended to Felony Assault with 6 Year Suspended Sentence.
Attorney Calcagni first worked to ensure his client’s release on bail, first in Rhode Island District Court (4th Division) where charges were initially filed, and eventually in Rhode Island Superior Court (Washington County) where they were finally informed. From there, Attorney Calcagni conducted extensive discoveries, to include obtaining hundreds of pages of mental health treatment and hospitalization records for the girls. The case was then scheduled for trial. One week beforehand, prosecutors struck a deal with the defense that called for an amendment of the charged sex offenses to the non-sex offense of Felony Assault. Convicted offenders of this less serious offense are not required to register as sex offenders or participate in sex offender treatment. Further, the maximum punishment for this less serious offense is 6 years in prison, opposed to 30 years in prison for those convicted of Second-Degree Sexual Assault Child Molestation. The man accepted responsibility to two counts of Felony Assault, for which he was sentenced to 6 years in the ACI, all suspended with probation. Further, all child molestation charges were dismissed.