Charges of Assault on a Police in RI
It’s easier than you might think for good people to find themselves facing criminal charges. If you or a loved one have been charged with assault on a police officer in Rhode Island, you’re already familiar with this unfortunate truth.
But what you might not yet know is just how serious this offense is—and the potentially life-altering penalties you now face if convicted. You also might not be aware that these penalties can vary widely depending on which Rhode Island assault defense attorney defends you.
As a criminal defense attorney who’s handled thousands of cases over the past 30 years, S. Joshua Macktaz, Esq. has the experience and knowledge to defend you against these serious charges.
What Constitutes Assault on a Police Officer in Rhode Island?
In Rhode Island, any action classified as ‘striking’ or ‘spraying with a noxious chemical’ can constitute assault on a police officer, including:
- Punching
- Hitting
- Kicking
- Slapping
- Pushing
- Pepper spray
- Mace
But it’s also important to know you can be charged with this offense even if a police officer wasn’t involved. The law actually covers many officers and positions, including:
- K-9 units
- Firefighters
- Court judges
- On-duty plainclothes officers
- State government case workers
- RIPTA bus drivers
Is Assaulting a Police Officer Considered a Felony or Misdemeanor in Rhode Island?
Assaulting a police officer is considered a felony in Rhode Island, making it one of the more severe crimes you can be charged with.
According to R.I. Gen. Laws § 11-5-5:
“Any person who shall make an assault or battery, or both, by knowingly and willfully either (1) striking, or (2) spraying with a noxious chemical… a uniformed member of the state police or metropolitan park police… causing bodily injury while the officer or official is engaged in the performance of his or her duty, shall be deemed to have committed a felony.”
Potential Penalties for Assault on a Police Officer in Rhode Island
The potential penalties for assault on a police officer in Rhode Island include:
- Up to 3 years in prison
- Up to $1,500 in fines
- Mandatory probation
- Felony conviction on your record
- Loss of voting rights during your prison sentence
- Barred from owning or buying firearms (R.I. Gen. Laws § 11-47-5)
- Barred from obtaining or renewing certain professional licenses
Other potential penalties aren’t as obvious. For example, your violent felony conviction will show up on background checks when you apply for a job, for college, and a home loan or rental lease.
Being convicted of assault on a police officer in Rhode Island can impact your life far beyond the fines and prison sentence. If you’re facing these charges, you need an aggressive, successful RI felony assault lawyer to advocate on your behalf.
Call S. Joshua Macktaz, Esq. now at (401) 861-1155 for a free case consultation and to start building the best possible defense.
How a Skilled, Aggressive Rhode Island Felony Assault Lawyer Can Help
Assault on a police officer in Rhode Island carries severe penalties if you’re convicted. The courts and prosecutors will do everything in their power to see that you’re found guilty of this violent alleged offense.
You need an RI felony assault lawyer with a proven track record to give you the best possible defense in this situation.
As a former Rhode Island prosecutor, S. Joshua Macktaz, Esq. has the experience, dedication, and knowledge to help you secure the best possible outcome—which is ideally dismissal and expungement of your case. Call (401) 861-1155 now for your free consultation.
FAQs About Charges for Assault on a Police Officer in Rhode Island
How does prior criminal history affect sentencing for assaulting an officer in Rhode Island?
Prior criminal history can affect the sentencing for assaulting an officer in Rhode Island in a few different ways. First, if the judge sees you as a habitual offender due to your criminal record, they have the authority to sentence you to the maximum term of 3 years. But as a first-time offender, you may receive a shorter prison term.
But that’s not all. You see, the vast majority of the time, a person isn’t charged only with assaulting an officer in RI. It’s more common to face multiple charges including this one.
For example, let’s say there’s a hypothetical brawl at a Rhode Island bar. The cops are called during the fight and break up the altercation once they arrive. One of the people, while under the influence of alcohol, doesn’t realize it’s a police officer pulling him away.
So, the person begins wrestling with the officer. Ultimately, they’d find themselves charged with simple assault, assault on an officer, and potentially a few other offenses.
In this scenario, their prior criminal history, paired with the specific charges related to the brawl, can result in facing several felony charges at once instead of just one.
Can victims of police misconduct be charged with assault on an officer in Rhode Island?
Yes, it is 100% possible for victims of police misconduct to be charged with assault on an officer in Rhode Island. This exact scenario is an example of a valid legal defense if you’re facing these charges.
Working with a knowledgeable, experienced RI assault lawyer like S. Joshua Macktaz, Esq. is the best way to understand how police misconduct affects your case and the best path forward.
How can one find a lawyer specialized in defense against charges of assaulting a police officer in Rhode Island?
You can find a lawyer specialized in defense against charges of assaulting a police officer in Rhode Island by:
- Reviewing their case results related to RI felony assault charges
- Looking for someone with independent legal endorsements and awards
- Researching to see if the lawyer’s prior experience is relevant to assault charges
But most of all, you have to remember that not all RI felony assault lawyers are created equal. S. Joshua Macktaz goes above and beyond in every single case by:
Being by your side at every court appearance
- Reviewing every single document and detail of your case himself
- Staying available 24/7/365 to support you and work on defending your case
- Working towards DISMISSAL and EXPUNGEMENT of all criminal charges against you
Being charged with assault on a police officer in Rhode Island is something that can change the course of your life forever. Call S. Joshua Macktaz, Esq. now at (401) 861-1155 for your free case evaluation.