Being charged with a crime is scary enough. But when you’ve been charged not just with a violent crime, but with a violent felony—such as felony assault in Rhode Island—it’s hard to catch your breath or think straight.
So, first things first, take a breath. Know that you are absolutely not out of options, and your life isn’t “over.”
But felony assault charges in Rhode Island are serious, and the decisions you make in the next few days matter enormously for the outcome of your case.
As a Rhode Island criminal defense attorney with over 30 years of experience and a former Special Assistant Attorney General, I’ve guided countless people through exactly what you’re facing right now. Here’s what you need to know.
What Defines Felony Assault Under Rhode Island Law and How is It Classified?
Under Rhode Island General Laws § 11-5-2, felony assault occurs when a person commits an assault or battery with a dangerous weapon, acid, or fire—or when the assault results in serious bodily injury.
“Serious bodily injury” means injury that creates a substantial risk of death, causes lasting impairment of a body part or organ, or results in serious permanent disfigurement.
Rhode Island law also recognizes additional felony assault categories that carry heavier penalties:
- Assault on law enforcement officers
- Assault with intent to commit another felony
- Assault on members of protected classes (including people over 60, people with disabilities, and certain public employees)
For a full breakdown of each charge type and what prosecutors must prove about the alleged offense, visit my page on Rhode Island felony assault charges.
What Happens After a Felony Assault Charge in Rhode Island?
Here’s the process of what happens starting from the moment you’re arrested:
1. Booking
Immediately after arrest, you’re taken to a local police station. Officers record your information, take fingerprints and photographs, and document the alleged offense.
2. Initial Appearance
You’ll appear before a Justice of the Peace, who formally presents the charges and sets bail. Depending on the circumstances, you may be released on your own recognizance or required to post bail—a decision that can be challenged with the right attorney in your corner. Learn more about how an attorney can help with bail in Rhode Island here.
3. Arraignment
Your first formal appearance before a judge. Charges are read, you enter a plea, and your next court date is scheduled. Always plead not guilty here, even if the evidence against you feels overwhelming. For a complete walkthrough, read my guide to arraignment in Rhode Island.
4. Pre-Trial Conferences
Your attorney and the prosecution exchange evidence and explore options, including possible charge reductions or dismissals. This is where skilled, aggressive defense work can make the biggest difference.
5. Resolution
This can look like having your charges reduced, reaching a plea agreement, or going to trial. Having the right attorney from day one keeps all three of these doors open, and maximizes your chances of the best possible outcome.
What Are the Typical Penalties for Felony Assault in Rhode Island?
Under R.I. Gen. Laws § 11-5-2, felony assault penalties break down into two tiers:
- Serious bodily injury – up to 20 years in state prison
- Bodily injury or no injury – up to 6 years in state prison
Both tiers carry fines exceeding $1,000 and court-ordered restitution paid to the victim. If the alleged victim is a household or family member, the Domestic Violence Prevention Act adds mandatory consequences on top, including a batterer’s intervention program, additional fees, and a complete firearms prohibition.
These are penalties that can impact the course of your life for years, potentially decades, to come.
How a Felony Assault Conviction Can Affect Your Life in Rhode Island
The sentence is only the beginning of how this conviction can affect you. A felony assault conviction reaches into every corner of your life in ways most people don’t think about until it’s too late:
- Employment – Felony assault appears on virtually every background check, and many employers can legally deny you a job because of it
- Professional licenses – Careers in healthcare, education, real estate, and other licensed fields become significantly harder (or impossible) to maintain
- Housing – Landlords can legally reject rental applicants with violent felony records
- Child custody – A violent felony conviction can and will be used against you in family court
- Firearm rights – A felony conviction permanently bars you from owning or possessing a firearm
It’s also important to know that victims in felony assault cases have significant legal rights—including the right to be notified of court dates, submit victim impact statements, and request restitution and restraining orders. This is yet another way in which a felony assault conviction can seriously alter your daily life for the foreseeable future.
All of this said, Rhode Island does offer rehabilitative options, including pre-trial diversion programs that, when completed successfully, can result in dismissal and expungement of all charges. A skilled attorney can assess whether you may qualify.
Is Expungement Possible for Felony Assault Convictions in Rhode Island?
No, expungement isn’t an option here, and this matters more than you might initially expect.
You see, felony assault is classified as a crime of violence under Rhode Island law. The state does not permit expungement of violent felony convictions—not for first-time offenders, not after years have passed, not under any circumstances.
A conviction is permanent. You cannot simply accept a plea, face the penalties, and put this behind you. There is no putting it behind you.
That’s why, as your criminal defense attorney, my primary goal is always full dismissal of the charges against you.
The Best Defenses to Felony Assault Charges in Rhode Island
There are three recognized legal defenses for felony assault in Rhode Island. Whether any of these apply to your case depends entirely on the facts of your case:
- Self-defense. Rhode Island permits you to use force to protect yourself—but only proportionate force. If you were attacked and responded accordingly, this may be a viable defense
- Defense of others. If you used necessary force to protect someone who couldn’t defend themselves, this defense may apply
- Mutual combat. If both parties were arrested and both agree not to testify, this option may be available
And again, it all comes down to the details of your case, including evidence and witnesses. You’ll need to work with a knowledgeable, skilled RI felony assault lawyer to investigate and determine which might be relevant.
Your Freedom is Too Important to Leave to Chance
Your freedom, your reputation, and your future are all on the line. This is not the time to wait and see what happens. In over 30 years of defending felony assault cases in Rhode Island, my goal has never changed: dismissal and expungement in every single case.
Good people make mistakes too, and the consequences shouldn’t weigh you down for the rest of your life. Contact me, S. Joshua Macktaz, Esq., at (401) 861-1155 right now. I’m available 24/7, and your first consultation is free. Don’t leave your freedom to chance.
Frequently Asked Questions About Felony Assault Charges in Rhode Island
What is felony assault under Rhode Island law?
Under R.I. Gen. Laws § 11-5-2, felony assault is an assault or battery committed with a dangerous weapon, acid, or fire—or any assault resulting in serious bodily injury.
Serious bodily injury includes injury creating a substantial risk of death, protracted impairment of a body part or organ, or serious permanent disfigurement. You face additional penalties if charges include assault on law enforcement, assault on protected individuals, and assault with intent to commit another felony.
Can felony assault charges be reduced in Rhode Island court?
Yes, in some cases. Through pre-trial negotiation, an experienced defense attorney may be able to secure a charge reduction (for example, from felony to simple assault) depending on the evidence and the strength of your defense.
Outcomes are never guaranteed, but they’re also never predetermined, so don’t assume you’ve lost before you even try to fight back. There are several pathways through which charges can be reduced or discharged, and a skilled attorney will identify which apply to your situation.
Is expungement possible for felony assault convictions in Rhode Island?
Generally, no, expungement isn’t an option here. Rhode Island law prohibits expungement of violent felony convictions, and felony assault is classified as a crime of violence. This applies even to first-time offenders, so it’s one of the most compelling reasons to fight these charges rather than accepting a plea and hoping for the best.
How will a felony assault charge affect my job prospects in Rhode Island?
The impact will most likely be significant, as felony assault appears on criminal background checks, which the majority of employers conduct. Many can legally deny employment to applicants with violent felony records.
Beyond employment, a conviction can jeopardize professional licenses in fields like healthcare, education, and real estate; restrict access to housing; and affect child custody arrangements in family court. The collateral consequences of this conviction can follow you for decades.
Should I hire a lawyer immediately after a felony assault charge in Rhode Island?
Yes, with an emphasis on immediately. The period between your arrest and your arraignment is critical. An experienced attorney will fight to protect your rights at every stage, advocate for bail, and start identifying weaknesses in the prosecution’s case from the very first moment.
Don’t wait. When you work with me, it will be ME at every court appearance—not an associate, not a paralegal. Call me now at (401) 861-1155.
