Rhode Island Assault Lawyer
We have a proven track record for success in the courtroom, including trials and appeals, and have the resources to develop a winning defense.
What are Assault Offenses?
Assault offenses is the category of crimes that involves the application of harmful or offensive contact between persons.
An assault is generally defined as a harmful or offensive touching.
For example, One may commit an assault by actually:
- or kicking another person
What is an example of an assault?
The assault occurs where actual unwanted physical contact occurs. It may also occur where one person touched another with an object in a harmful or offensive way. The assault may also occur in the absence of physical contact, but there the aggressor causes another to suffer fear or apprehension of imminent unwanted contact.
Various jurisdictions refer to this conduct as assault, assault and battery, and assault consummated by battery.
Under the common law, assault refers to the conduct that results in apprehension of harmful or offensive contact, and the battery is where actual physical contact occurred.
What is an aggravated assault?
An assault offense may be aggravated by the use of a weapon.
The law recognizes that any physical object can be employed in some manner to do harm to others. So long as the object is used in such a manner, the conduct will suffice under the law to constitute assault with a weapon. Various jurisdictions refer to this type of offense as felony assault, assault with a dangerous weapon or aggravated assault.
Obvious examples include:
- brass knuckles,
- and shod feet.
An assault offense may further be aggravated if the alleged victim was touched in a sexual manner. This type of conduct, broadly known as sexual assault, refers to the touching by one, of another, without consent on areas of the body such as buttocks, anus, breasts, penis, vagina, and surrounding areas for purposes of sexual gratification.
This type of assault can also occur if the unwanted touching occurs by the aggressor with his or her sex organ.
Severity of Sexual Assault
Sexual assaults vary in severity depending upon where and how the victim is touched. This ranges from unwanted touching on the outside of one’s clothing up to and including forcible sexual penetration.
Sexual assault offenses can be further aggravated by the age of the alleged victim. Sexual assault offenses are viewed as among the most severe types of crimes known to the law.
Experienced with the following Rhode Island assault charges:
- Simple Assault
- Felony Assault
- Assault with a Dangerous Weapon
- Assault with Intent to Commit a Specific Felony
- Domestic Assault
- Self-Defense and Defense of Others
If you have been charged with an assault offense and need representation, contact the Rhode Island Criminal Defense Attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.