The Law Offices of Michael J. Zarrella
Rhode Island Assault & Battery Lawyer
Defend your assult and battery charge with an expirenced criminal defense lawyer
Don't start a criminal record by pleading to a assault and battery charge.
If you been arrested for and assault or battery charge in the state of Rhode Island. You need to know your rights. What you do may have a every lasting impact on you life. Assault and battery charges, although, misdemeanors, are the type of criminal charges that can pervent a person from securing a job or acquire a promotion. A good criminal defense lawyer might be all that statnd between you and a record that can negivily impact you. Assault and battery are two of the more common misdemeanors charged in Rhode Island district court. Assault and battery are not the same charges but are two separate offenses which have different meanings.
A simple assault is putting someone in fear of an unwanted touching. For example, if a person swings and misses at someone that action can be considered an assult if the swing put a person in fear of being hit.
A Battery is different from an assault in that it is the intentional touching of another, against their consent.
Both charges are misdemeanors and carry up to one year in jail, $1000 fine or both.
Attonery Zarrella provides an aggressive assault and battery defense
If you have been charged in Rhode Island with either assault or battery, do not take it lightly. You owe it to yourself to employ the guidance of a talented and experienced criminal defense lawyer. If you are convicted for such an offense, that conviction will likley have a lasting and adverse impact on your life, job as well as your family. The Law Offices of Michael J. Zarrella is committed to producing a zealous defense on behalf of their clients. Attorney Zarrella is a seasoned lawyer who is willing to tirelessly fight to secure an acquittal for his clients.
There are many defenses available in an assault and battery case; most the time the defense is based on the facts and circumstances of the case. Some of the common defenses found in assault and battery cases are the following:
1. Self- Defense
2. Defense of others
3. Defense of property
Sometimes one of these defenses is not needed. Often the state's case can not be proven beyond a reasonable doubt. For instance, the state may have a victim who recanted his or her story, other times the physical evidence does not support the statement given by the complaining witness. Whatever the case may be, you need a lawyer that has a track record of winning. Attorney Michael J. Zarrella has been trying and winning cases in Rhode Island for 20 years. While many attorneys do not like going into to court nevermind trying a case, Attorney Michael J. Zarrella has been winning and tring cases thoughout Rhode Island in both district and superior court for 20 years. He knows that your charge will effect the rest of your life. He will explain the different dispositions available and how each one will effect you. If your case is winnable he will bring it to trial or convince the prosecution to dismiss or reduce the charges.
Possible Penalties for MIsdemeanors Criminal charges
The are an assortment of different sentences under Rhode Island Law. You likely will not know the differences unless you have an expirenced criminal defense lawyer with you. If you are going to plea to either an assault or battery charge, it is important to know the following:
Sentences available under Rhode Island law:
Not gulity filing: The case is put aside for one year, if the client gets in trouble the case can be resurrected and will start over.
Filing: client pleas nolo, if client stays out of trouble for one year, the case is dismissed and expunged. If the client does violate the filing, the client may be subject to a more serious sentence.
Probation: If a client receives a probation sentence after a plea of nolo, he will be on probation for the lenth of the probation. The defendant will not be able to get his case expunged for 5 years after the probation period runs out for misdemeanor charges assuming the defendant is otherwise eligible. Nolo with probation is not a conviction under Rhode island Law.
Suspended: If a client receives probation and a suspended sentence after a plea of nolo, he will be on probation for the length of the probation sentence and will be subject to a jail sentence for the amount of suspended time over his head. Client is also not eligible to have his case expunged for 5 years after his probation runs out for a misdemeanor charge assuming the defendant is otherwise eligible. Nolo with a suspended sentence is a conviction under Rhode Island Law.
Fine: If a client receives a fine in his sentence, that fine is considered a conviction under Rhode Law. Also the defedant will not be able to have his case expunged for 5 years after his plea for a misdemeanor charge assuming the defendant is otherwise eligible.
Home Confinement: Home confinement is a jail sentence that is served at one's home. Home confinement mat be very helpful in domestic assault cases where there is mandatory jail. This will alow a defendent to work and be with his family, while still serving a jail sentence.
Jail: Is a jail sentence.
These are not the only methods to dispose of cases. Often a criminal attorney will be able to get the prosecutor to dismiss an assault charge or other misdemeanor charges, by having his or her clients perform community service or go to counseling. Clearly it is important to have a Rhode Island criminal defense lawyer next to you when you go to court. Do not take chances on your life. The plea you make today effects your future. Defendants that have multiple convictions are not eligible to have those convictions expunged.
Rhode Island Common Asssalt and Battery Charges and Penaltiies
There and many diffent assault and batery charges under Rhode Island law, the crimes and penilites differ passed on the fact and succumstance of the case, as well as the status of victum. When a person commits and assault against the eldery, police of public offical that may change the crime and penlites. While a simple assult or battery is a misdemeaner, many others assault can be charged as a felony.
Here is a list of some of the more common assult charges and penilites under Rhode island law.
§ 11-5-3 Simple assault or battery. up to one at ACI and up to one thousand dollars ($1,000), or both.
§ 11-5-2 Felony assault, up to 20 years at ACI (felony)
§ 11-5-2 ADW, up to 20 years ACI (felony)
§ 11-5-1 Assault with intent to commit specified felonies, up to 20 years ACI (felony)
11-5-2.1 Felony assault by use of devices similar in appearance to a firearm. up to 10 years at ACI if serous bodiy injuey occers, up to 3 years ACI in not serous bodeiy injury (felony)
§ 11-5-2.3 Domestic assault by strangulation, up to 10 years at ACI (felony)
§ 11-5-4 Assault with dangerous weapon in dwelling house, 10 years to life at ACI (felony)
§ 11-5-5 Assault of police officers and other officials., up to 3 years at ACI, a fine of $1500, or both (felony)
§ 11-5-10 Assault on persons 60 years of age or older causing bodily injury, up to 10 years at the ACI, or fined not exceeding one thousand dollars ($1,000), or both. (felony)
§ 11-5-10.1 Assault on persons 60 years of age or older causing serious bodily injury. Up to (20) years at ACI , or fined not more than ten thousand dollars ($10,000), or both, and up to $500 in community servous. (felony)
§ 11-5-14.2 Battery by an adult upon child ten (10) years of age or younger causing serious bodily injury., 5 to 20 years at ACI years and a fine ($5,000) to ($20,000) dollars. (felony)
These charge will have a lasting impact if you get convicted, if a defendant recieves either probation or a suspened sentence, he will be unable to expundge his or her record for 10 years after his probation runs out. In addition if he or she has another conviction, he or she will likely never be able to expundge their record.
There are defense to all these charges, just because the charge is serous does not mean they can not be defendaned. Do not take changes on you future and your freedom, call Attonery Zarrella today. The Law Offices of Michael J. Zarrella provides an aggressive assault and battery defense no matter what the charge. He will work tireslessy for a dismmissel for your charges, or in the alturnative a reduction to a lessor charge. He has been helping people for 20 years get there cases dismissed or reduced. Call him now.