Case Result

Case Result

Felony Assault: Sentence Deferred.

Felony Assault: Sentence Deferred.

A college student in a culinary arts program was charged with felony assault. While working in a kitchen on his college campus, the Defendant-student got into a verbal altercation with a classmate. The argument centered on a prior disagreement the Defendant had with his classmate’s girlfriend. The argument escalated to the point where the two students began exchanging verbal threats. In the midst of these threats, the classmate threatened to stab the Defendant. In response, the Defendant picked up a large kitchen knife on a nearby table and began approaching the classmate in a threatening manner.

Several other students witnessed this event, along with a faculty member. They told the Defendant to “put the knife down” to which he immediately complied and walked out of the kitchen. Campus security and local police were then notified. Defendant was arrested and charged with felony assault, an offense in Rhode Island that carries a maximum sentence of twenty (20) years in jail. When questioned by authorities, he confessed to these facts. Defendant retained Attorney Calcagni immediately after being charged.

Attorney Calcagni successfully worked diligently with the Defendant; witnesses to this incident; various counseling services; the college where it occurred; and local authorities to spare the student from a felony criminal conviction. He successfully negotiated at arraignment that the Defendant receive a deferred sentence, which under Rhode Island law provides that if the student is of good behavior for a period of five (5) years, he will become eligible for exoneration and will not sustain a criminal
record from this event.