Warwick Simple Assault and Battery Case
Man arrested in Warwick RI and charged in the Kent County Rhode Island Superior Court (Kent County) for:
- Simple Assault and Battery in violation of RIGL § 11-5-3(a)
- Disorderly Conduct in violation of RIGL § 11-45-1(a)
- Resisting Legal or Illegal Arrest in violation of RIGL § 12-7-10
While on patrol, Warwick Police observed a vehicle traveling at a high rate of speed. Police followed the vehicle and observed it driving erratically while committing several traffic violations. Police conducted a traffic stop, approached the vehicle, and asked the sole female occupant for her driver’s license. The female immediately became belligerent and began to throw her body around in an attempt to hurt herself. Police ordered the female out of the vehicle and while escorting her to the rear of the cruiser, she attempted to strike the officer and continued to scream and thrash her body. Police called for an ambulance to transport the female to the hospital to be evaluated for mental health. Once released from the hospital, the woman was arrested and charged with Simple Assault and Battery, Disorderly Conduct, and Resisting Legal or Illegal Arrest. She retained Rhode Island Criminal Defense Attorney, John L. Calcagni III, to defend her in this matter.
Case Result: 1-Year Filing.
After several pretrial conferences, Attorney Calcagni persuaded the prosecutor to resolve the case with a 1-year filing for the Simple Assault and Battery charge and to dismiss the remaining charges. Under Rhode Island law, a “filing” calls for acceptance of responsibility to a charged offense but does not result in any punishment or criminal conviction. Instead, the case is filed for one (1) year and providing the woman does not get in any trouble during this period, the matter will be eligible for expungement at its conclusion. She accepted the offer and closed her case.