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Assault and Battery Crimes

About Assault and Battery Crimes in Rhode Island

Assault

In the state of Rhode Island, an assault is an intentional act that causes an apprehension or fear of imminent harmful or offensive contact based on a defendant’s present ability to do so. The defendant must have the apparent ability to commit the assault, even if he or she is not actually capable of causing an injury. An assault is committed even if the contact never occurs.

§ 11-5-1 Assault with intent to commit specified felonies. – Every person who shall make an assault with intent to commit murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature, shall be imprisoned not exceeding twenty (20) years nor less than one year.

A defendant must intend to commit assault. Thus, a plaintiff must prove that the defendant intended either to cause the apprehension or fear of contact or to cause the actual contact itself. The plaintiff, however, is not required to show that the defendant had any feelings of ill will or malice towards the plaintiff. The defendant’s intent may also be transferred so that an intent to cause apprehension or contact upon one person actually causes another person to be placed in apprehension.Examples of acts that constitute an assault include swinging a fist at a person without hitting him or her, holding a loaded or unloaded gun to a person’s head without firing, and throwing an object at one person that causes a nearby person to be placed in apprehension. Examples of acts that do not constitute assault include telling a person that he or she will be harmed at a future date and sneaking up behind a person with a gun to his or her head and walking away before the person is aware that the actor had a gun.

Battery

In the state of Rhode Island, a battery is an intentional physical contact with a person without his or her consent that results in bodily harm or is offensive to a reasonable sense of dignity. An act is a battery if it causes physical pain or injury to a person’s body. It may also be an act that is offensive to a reasonable person. Ordinary bumping that occurs while walking through a crowd is generally not offensive to a reasonable person; however, intentionally pushing people in a crowd out of the way may be offensive to a reasonable person. In addition, a defendant may be liable if he or she commits an act that would not be offensive to a reasonable person but that offends a sensitive plaintiff, whom the defendant knew to be a sensitive person. The defendant need not actually touch the plaintiff using his or her body; the contact may be caused indirectly. Also, the plaintiff need not be aware that the contact actually occurred, unlike the requirement in assault cases that the plaintiff must be aware and be placed in apprehension of a contact.

Contact Rhode Island Assault and Battery Attorney S. Joshua Macktaz, Esq. at (401) 861-1155

A defendant must intend to make contact with a plaintiff to constitute a battery. The defendant may be liable for a battery even if he or she did not intend to harm the plaintiff. The defendant may also be liable for a battery even if he or she intended only to commit an assault if he or she acts with such intent and accidentally causes the offensive contact. Examples of acts that constitute a battery include playing a joke on a person that involves offensive contact, performing surgery on the incorrect portion of a person’s body, throwing an object at a person, and poisoning a person’s drink. Examples of acts that do not constitute a battery include tapping a person on the shoulder to ask a question and touching a person as passengers board a crowded subway.

Assault and Battery

In the state of Rhode Island, an assault and battery charge is the intentional touching of a person without an excuse. A battery almost always includes an assault. However, it may not include an assault. For example, if a defendant sneaks up behind a person and strikes him or her without the person’s prior knowledge that the contact was about to take place, there is no assault because the person was not placed in apprehension of the contact.

A plaintiff may recover monetary damages for an assault and battery, depending upon the type of injury. However, the plaintiff need not prove damages in order to hold a defendant liable for a battery. If the plaintiff receives physical injuries, compensatory damages may be available to compensate the plaintiff for medical bills and lost income. The plaintiff may recover nominal damages if an offensive contact occurred but did not cause physical injury. Punitive damages are also available if the defendant’s conduct was outrageous.

An actor who has otherwise committed an assault and/or battery may not be liable for his or her actions. If a person has consented to being touched, an actor is not liable for a battery. An actor may use reasonable force in self-defense or to defend another person if he or she reasonably believes that he or she or another person is about to be harmed. Under certain circumstances, an actor may also use reasonable force to defend his or her property. Parents and others in disciplinary roles are also privileged to use reasonable force in disciplining a child.

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Testimonials

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Josh was very professional. Took time to answer all my questions in a timely fashion. Made me feel at ease about the situation. Great lawyer
Brandon Nantais
Brandon Nantais
10:06 07 May 19
Mr. Macktaz is an outstanding lawyer. He goes above and beyond for his clients making sure they get the best possible outcome there is! He believes good people sometimes make bad mistakes. I would highly reccommend his services. He will be with you every step of the way.
Haley Nims
Haley Nims
17:00 05 May 19
Josh Macktaz is is an excellent attorney who really goes above and beyond for his client.I found him to be very trustworthy and intelligent. I had a technical probation violation. I needed a good lawyer for representation and Josh came highly recommended. He was very honest, respectful and made you feel at ease throughout the whole process. I would highly recommend him to family & friends.Thank You Josh & God Bless -Sam
Sam Wlt
Sam Wlt
18:21 01 May 19
Josh is committed to following through with his clients and ensuring they are happy. He is not only thorough but he is very responsive and cares. I appreciated his help and he adequately explained the process.
Aly Starr
Aly Starr
02:27 25 Feb 19
My Experience with Josh representing me was beyond what I could have hoped for. Josh explained his thoughts and exceptions on my case & followed through to receive the best outcome.. Cannot thank you enough Josh!
Troy McGann
Troy McGann
13:12 15 Jan 19
I highly recommend the services of Josh Macktaz. He was responsive, efficient and very realistic about my case and the associated penalties. My legal costs were exactly as he suggested on our first call (which were fair). He is very knowledgeable of the Rhode Island law and has very strong contacts at the traffic tribunal. Related, he handled minor hearings without me which saved me money and travel time. He did the best possible job for a guy in my situation. Anyone that has a drunk driving charge in RI that does not consider Josh Macktaz is risking their future and wasting their dollars.
Chad M
Chad M
23:10 13 Jan 19
My experience with Josh was beyond positive. If I could rate higher than five stars I would. Through out my entire process he was professional, straightforward, knowledgeable and understanding. It did not take long after meeting him I knew I needed him to represent me. Although my road was long Josh stuck with me every step of the way. There is no doubt in my mind without him I would not have been able to get the best possible outcome in my case. For that my family and I are forever grateful to him. He truly is a master of his craft and a fighter through and through. If you need representation look no further " This is the Man you want In your corner."
Daniel James
Daniel James
14:08 22 Dec 18
I hired Joshua Mactaz to represent me. He did an amazing job. He is very knowledgeable, hard worker and will do anything for you. I would recommend him to anyone and I would certainly have him represent me again.
Susan DeFedele
Susan DeFedele
06:41 14 Dec 18
We always dealt with Josh Macktaz directly. He walked us through every step of the process and answered all our questions. His representation for us in the court room was handled professionally and we are extremely happy with the outcome.
Cheryl DeFeo
Cheryl DeFeo
00:24 14 Dec 18
Amazing lawyer. Josh explained every step to resolving my issue and got me the best possible outcome for my case. He is very to the point and will fight to defend his clients in their toughest times. If you find yourself in trouble in Rhode Island, there is no one I would recommend more than Josh!
James McKeown
James McKeown
04:46 06 Oct 18
Prior to contacting Joshua I was a mess. He put me at ease during my free consultation and I decided he was the right person to represent me on the spot. He delivered on everything he said he would.
Anthony Mayer
Anthony Mayer
19:38 14 Sep 18
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Chris Baccelli
Chris Baccelli
19:59 12 Sep 18
After meeting with several lawyers I chose Mr. Macktaz to represent me. His professionalism and positive attitude helped ease the stress of a difficult situation. Josh provided a detailed timeline of the court process and was clear on what my expectations should be. He was prompt in returning my calls and answered any questions or concerns that I had. I would recommend Josh to anyone in need of representation as he went above and beyond in securing the best possible outcome for my case.
Paul DiLorenzo
Paul DiLorenzo
04:31 14 Aug 18
With Joshua Macktaz, Professional... he helped in my case and I thank him for his help and I truly recommend him for any case, one of the best in the business
jose carrion
jose carrion
23:23 11 Aug 18
Mr. Macktaz was very professional and helped me with my legal issues swiftly and very effectively. Who knew what to do and every steps to take. Highly recommended, one of the best in the business.
Uodam Sann
Uodam Sann
15:08 10 Aug 18
I will start off by saying I knew nothing about the criminal or traffic court system until March 2018. I made a choice to have one too many and was arrested (DUI). Dealing with the embarrassment of an arrest and fear of losing my job, I "google searched for a DUI lawyer" and Josh Macktaz name appeared. Although apprehensive about using a a Google Review to determine my future, I made the call. This is my experience... 1) Mr. Macktaz made time to meet me the day I outreached him. (free consultation)2) During our initial meeting Macktaz outlined in detail what I had ahead of me; including court dates and car insurance details.3) Mr. Macktaz was at every court appearance and explained what was going to happen in court and the potential outcome.4) He was confident in what the outcome would be... and he was right!In closing... would I retain Mr. Macktaz if I ever needed criminal representation again? Yes, he would be my first phone call. He continually follows up with his clients. I never felt the need to outreach Mr. Macktaz since he called or emailed first!
Paul
Paul
22:15 03 Jul 18
Professional, experienced and extremely knowledgeable! Josh took the time to answer all my questions, and was always very responsive. He was able to put my mind at ease. He was able to get my charges dismissed and my case expunged. Best Attorney in RI!!!
LORENZO CAIANI
LORENZO CAIANI
15:56 09 May 18
Josh was very professional and extremely knowledgeable of my situation. He took the time to meet with me face to face multiple times to gather all the facts so he could develop the best plan possible. After collecting the facts he sat me down and he discussed all the options I had and why certain options may or may not be available in my situation. During this very difficult time, I at least felt comfortable that I received the best possible outcome and Josh is the reason why. A true professional through and through.
Neal Manaskie
Neal Manaskie
19:28 23 Apr 18
For someone who is totally new to the court system Josh took the time to sit and explain options,situations and solutions before he even a dollar was given. He made you feel protected within the court system, and I would recommend him to anyone looking for good help. He was a total down to earth and knowledgeable person someone you'd want on your side. Any help or questions I had were solved within hours by email and he kept connected with me throughout the whole process. Me and my whole family are greatful for the help! Thanks Josh !
Dylan Nunez
Dylan Nunez
02:54 22 Mar 18
Josh is unlike any attorney I've ever had contact with: and I have worked with and for several. Customer service is a key part of the great service he personally delivered. It is with great confidence that I am able to refer him. He brought me the best results possible. He also returned every single phone call. Thanks Josh!
Kathleen Whitmarsh
Kathleen Whitmarsh
17:07 13 Mar 18

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