Felony Assault in Rhode Island

Have you found yourself facing Rhode Island felony assault charges? As an RI felony assault defense lawyer, I have 30 years of successful experience defending people charged with this serious offense.

With my experience as a former Rhode Island state prosecutor, and my 30+ years of expertise in RI criminal law, I give my clients the absolute best defense possible in every case.

Felony assault charges in RI are among the most impactful you can face. Your future, your freedom, and your reputation are all on the line—and you don’t want to take a risk with an inexperienced attorney. All lawyers are NOT created equal, and my goal is always to achieve dismissal and expungement of your case.

What Constitutes Felony Assault in Rhode Island?

Under Chapter 11-5 of the Rhode Island General Laws, felony assault in Rhode Island is:

Assault resulting in physical injury – If even a single punch causes injury, you may face felony assault charges
Assault with intent to commit a felony – You attempted to cause serious bodily harm with the intent to commit another felony
Assault on a law enforcement officer – You assaulted a correctional officer, police officer, or other law enforcement official
Assault on a protected class – The assault victim was over the age of 60, handicapped, a first responder, or, in some cases, a school teacher
Assault with a deadly weapon or device similar to a firearm – If any kind of weapon was used in the assault, you may be hit with felony charges

Penalties for Felony Assault in Rhode Island

The penalties for felony assault in Rhode Island vary depending on how serious the victim’s injuries are (R.I. Gen. Laws § 11-5-2).

If the assault resulted in serious bodily injury, you can be sentenced to a maximum of 20 years in a state prison facility. You may also be ordered to pay fines above $1,000 and restitution to the victim.

If the assault resulted in minor or no bodily injury, you may face up to 6 years in a state prison facility. You also can still be sentenced to paying steep fines and restitution.

The penalties become more severe if the victim is a member of your family or household. In this scenario, you’d be charged with felony domestic assault. Potential consequences include:

A no-contact order with the victim
Mandatory completion of a batterer’s intervention program
Fines and fees of at least $1,000
Up to 20 years in a state prison facility
Barred from owning, buying, carrying, transporting, or possessing a firearm

These consequences can drastically alter the course of your entire life. You need the absolute best Rhode Island felony assault defense attorney to protect your rights and secure the most favorable possible outcome.

Potential Defenses for Felony Assault

There are only 3 valid legal defenses for felony assault in Rhode Island. You’ll need a skilled, knowledgeable RI felony assault lawyer to investigate and determine if these apply to your case:

Self-defense – You were being assaulted, and protected yourself with the necessary force
Defense of others – Someone who couldn’t protect themselves was being assaulted, and you used necessary force to defend them
Mutual combat – Both parties were arrested for assault (requires both parties to agree not to testify in court)

You Need an Aggressive, Highly Experienced Rhode Island Felony Assault Lawyer

In Rhode Island, felony assault charges are some of the most serious you can face. If convicted, the penalties can change the course of your life for decades to come.

Plus, prosecutors take a very severe stance on these crimes. I know because as a former Rhode Island state prosecutor, I have firsthand experience overseeing these cases.

You need an aggressive, focused, and experienced Rhode Island felony assault lawyer. That’s exactly what you can expect when you work with me. I’ll be by your side every step of the way—from communicating about your case to standing next to you in court.

Rhode Island felony assault charges can’t be taken lightly. My goal is dismissal and expungement of your case, and the sooner you contact me, the sooner we can start working towards that goal.

Call (401) 861-1155 now for your free case evaluation.

Frequently Asked Questions About RI Felony Assault

How does Rhode Island law differentiate between misdemeanor and felony assault?

Rhode Island differentiates between misdemeanor and felony assault based on the nature of the assault and the level of harm caused to the victim. An assault is charged as a felony in Rhode Island if any of the following are true:

A dangerous weapon, dangerous substance, or device resembling a firearm was used
Bodily injury or severe bodily harm was caused to the victim
The victim was a member of a protected class or a law enforcement official

The basic definition of misdemeanor and felony in Rhode Island come into play, here too. A misdemeanor is any crime punishable by a maximum of one year and/or a fine under $1,000. A felony is any crime punishable by more than one year in prison and fines above $1,000 (R.I. Gen. Laws § 11-1-2).

How is domestic violence felony assault treated under Rhode Island law?

Under Rhode Island law, domestic violence felony assault carries additional penalties. You can be charged with this if the victim is a member of your household or family. The law defines “member of your household or family” as:

Spouses
Former spouses
Adults related by blood or marriage
Adults who are currently or were recently residing together
Persons who have a child together
Persons who have been dating or engaged within the past year

The potential additional penalties you may face include:

Paying for, attending, and completing a batterer’s intervention program
$125 assessment fee
Unable to buy, own, carry, transport, or possess a firearm
Surrendering any firearms you currently own

Can felony assault charges in Rhode Island be expunged from one’s record?

No, felony assault charges in Rhode Island can’t be expunged from your record—even if you’re a first-time offender.

This is because Rhode Island doesn’t allow expungement of violent felonies.

Your best chance of putting this behind you is to either have your charges dismissed before you’re convicted or get the prosecution to reduce the charges to an expungeable offense. But remember, prosecutors and judges don’t offer much sympathy or negotiation to violent offenders.

The best way to keep a Rhode Island felony assault charge from negatively impacting your life is by working with an aggressive, focused, and extremely experienced lawyer. If you or a loved one are facing these charges, call Rhode Island assault lawyer S. Joshua Macktaz, Esq. now at (401) 861-1155.