Assault with a Dangerous Weapon Charges

Are you or a loved one facing charges of assault with a dangerous weapon in Rhode Island? S. Joshua Macktaz, Esq. is a Rhode Island felony assault lawyer who’s successfully defended hundreds of clients in this exact situation.

As a former State Prosecutor with 30+ years of experience in Rhode Island criminal law, he crafts a powerful, custom defense strategy for every client facing these serious charges.

The RI legal system takes an extremely harsh stance on cases involving assault with a dangerous weapon, and the state’s assault laws are very complex. This is why it’s so crucial for both you and your defense lawyer to clearly understand these charges and the potential penalties.

What Constitutes an Assault with a Dangerous Weapon in Rhode Island?

For an offense to constitute assault with a dangerous weapon in Rhode Island, four legal elements must be present:

1. You committed assault or battery against someone else.
2. You used a dangerous weapon.
3. You committed the offense voluntarily.
4. The assault wasn’t the result of an accident or a mistake.

Said another way, you must have purposely intended to assault the other person with an object.

You should also know that “dangerous weapon” is a fairly broad term. Just about any object, whether designed as a weapon or not, can be considered a deadly weapon if wielded with the intent to cause harm.

Potential Penalties for Assault with a Dangerous Weapon in Rhode Island

In Rhode Island, assault with a dangerous weapon is a felony. You’re facing severe, life-altering penalties depending on the details of your case:

• Up to 20 years in prison if severe bodily injury occurred during the assault
• Up to 6 years in prison if no injury or bodily injury occurred during the assault

Plus, if the alleged offense was an act of domestic violence, you’re likely to be hit with these additional consequences:

• No contact and/or restraining order with the victim
• Barred from purchasing, owning, or transporting firearms
• Mandatory completion of a batterer’s intervention program
• Mandatory fines and fees depending on the details of your case

But there are other consequences to be aware of too. Having this felony conviction on your record can impact almost every aspect of your life and future:

• Many higher education institutions reject applicants with a violent felony conviction
• You’ll be barred from holding, obtaining, or renewing certain professional licenses
• Future employers can choose not to hire you due to your criminal record
• Rental properties and mortgage lenders may refuse to work with you
• Getting custodial rights of your children may become more difficult

The Rhode Island legal system takes violent offenses—like assault with a dangerous weapon—very seriously. If you want to minimize these far-reaching consequences, you need a reliable, successful, and aggressive Rhode Island felony assault lawyer.

You see, all Rhode Island criminal defense attorneys are NOT the same, not by a long shot. Without a lawyer who’s experienced in successfully fighting these charges, you’re far less likely to secure the best possible outcome.

Potential Defenses for Assault with a Dangerous Weapon

When it comes to assault with a dangerous weapon in Rhode Island, there are 3 potential legal defenses. Working with a skilled RI felony assault lawyer is the best way to understand which, if any, of these circumstances apply to your case:

• Self-defense – Rhode Island law allows for self-defense, but only to the necessary degree. This would only be valid if your attacker attacked with the same level of force that you defended with.
• Defense of others – If you see someone unable to protect themselves from being assaulted, Rhode Island law allows you to use the force necessary to defend the individual.
• Mutual combat – If you and someone else were both arrested for assaulting one another, an experienced defense lawyer can work with the other combatant’s lawyer to get the charges dropped.

You Need a Dependable, Knowledgeable, and Aggressive Rhode Island Felony Assault Lawyer

As a Rhode Island felony assault lawyer, S. Joshua Macktaz, Esq. has successfully defended thousands of clients over the past 25+ years. He has the knowledge, experience, and diligence to aggressively advocate on your behalf throughout this process.

Most importantly, he’ll be by your side every step of the way. From your initial consultation to negotiating with the prosecution to standing by your side in court, S. Joshua Macktaz, Esq. will personally oversee your entire case.

Charges for assault with a dangerous weapon in Rhode Island can have severe, life-changing consequences. Call (401) 861-1155 now to request your free case evaluation.

FAQs About Assault with a Dangerous Weapon in Rhode Island

How does Rhode Island law define a “dangerous weapon”?

Rhode Island law defines a “dangerous weapon” as any common or uncommon item, such as a gun, bat, knife, shoe, chair, or even teeth.

As an RI felony assault lawyer with over 25 years of experience, I’ve seen firsthand how easy it is for a client to find themselves facing charges of assault with a dangerous weapon.

Basically, almost any item intended to be used for assault can become a “dangerous weapon” in the eyes of the Rhode Island legal system.

Can charges for assault with a dangerous weapon in Rhode Island be dropped?

Yes, charges for assault with a dangerous weapon in Rhode Island can be dropped or dismissed in certain scenarios.

But this doesn’t happen on its own—achieving dismissal requires quite a bit of independent research and extensive knowledge of the law.

In RI, the burden of proof rests on the prosecution. This means in any criminal case, the prosecutors are responsible for finding enough valid evidence to prove your guilt beyond a reasonable doubt.

As an experienced RI felony assault defense lawyer, S. Joshua Macktaz, Esq. will closely review every detail of your case and suppress as much evidence as possible. Steps like this are the best way to get your assault charges dropped.

Can a conviction for assault with a dangerous weapon in Rhode Island be expunged?

No, under R.I. Gen. Laws § 12-1.3-2 and R.I. Gen. Laws § 11-47-2, a conviction for assault with a dangerous weapon in Rhode Island CANNOT be expunged. To be eligible for felony expungement in Rhode Island, you must be a first-time offender and the conviction can’t be for a “crime of violence.”

In RI, assault with a dangerous weapon is a crime of violence, so your conviction can’t be expunged.

This is another reason it’s crucial for you to hire a knowledgeable, responsive, and aggressive Rhode Island felony assault lawyer like S. Joshua Macktaz, Esq. His top priority is always getting your case dismissed and expunged without conviction so you never have to worry about it again.

Should I hire a lawyer if accused of assault with a dangerous weapon in Rhode Island?

Yes, you should hire a lawyer if accused of assault with a dangerous weapon in Rhode Island for many reasons:

• Knowledge – You can’t expect to learn everything about assault charges overnight. Working with a reliable felony assault lawyer means always having clear answers to your questions.
• Peace of mind – Sleepless nights won’t be an issue as your case progresses. You can truly rest easy knowing your attorney is doing absolutely everything to fight for your freedom.
• Attention to detail – All paperwork, witnesses, and testimony will be tracked and accounted for. You’ll never have to worry about missing a document or court deadline.
• Understand the process – A knowledgeable attorney will walk you through exactly what to expect and how your case will proceed in clear, understandable language.
• Achieve the best possible outcome – While every case is different, a skilled attorney will know the ideal strategy for minimizing penalties and advocating on your behalf.

When you work with Rhode Island Assault Defense Lawyer S. Joshua Macktaz, Esq. you can expect aggressive, dedicated, and personal representation throughout your case. His goal is always dismissal and expungement in every case—which he often achieves. See assault case results.

If you or a loved one have been charged with assault with a deadly weapon in Rhode Island, call (401) 861-1155 for your free consultation. Don’t delay—call now to start building your custom defense strategy.