Domestic Assault and Battery
In an effort to combat domestic violence, Rhode Island
state laws governing the warrantless arrest powers of the police in domestic
violence cases have been greatly expanded over the past thirty
years. Rhode Island has empowered the police to make warrantless arrests
in cases of suspected domestic violence, spousal abuse, and domestic
assault, which means you may have been arrested or could be facing
charges for which you shouldn’t. Therefore, it is crucial that you
get a qualified Rhode Island Domestic Violence Attorney on
your case and on your side immediately.
Call the Law Offices of John MacDonald NOW at 401-421-1440 or CONTACT
US VIA EMAIL and Aggressive Legal Services will be able
to tell you what we can do to protect and defend your rights today.
Rhode Island Domestic Violence Act states under section § 12-29-3
Law enforcement officers – Duties and immunity.
“(a) The primary duty of law enforcement
officers when responding to a domestic violence
situation is to enforce the laws allegedly
violated and to protect the victim.”
Not only does this mean that a larger number of arrests are made but the
consequences for those suffering for a warrantless domestic violence
arrest can be more severe then deserved. You will face domestic
violence charges and likely a protective order. Prosecutors
can be very aggressive in filing domestic violence charges due to the intensely
political nature of the charges, and publicity that goes along with it. Domestic
assault & violence charges have powerful advocacy
and lobbying groups that challenge politicians in these cases.
Therefore, it is crucial that you get a qualified Rhode Island
Domestic Violence Attorney on your case and on your side immediately.
This will minimize the risks and damage you are facing and may be able
to avoid domestic violence charges as well as potentially
stop the filing of restraining orders, no contact orders,
and other protective orders.
RECENT CASE RESULTS:
- On June 9, 2010, Attorney John MacDonald successfully negotiated the dismissal of his client’s domestic assault charge in Newport County District Court.
Call the Law Offices of John MacDonald NOW at 401-421-1440 or CONTACT
US VIA EMAIL and Aggressive Legal Services will be able
to tell you what we can do to protect you as your Rhode Island
Domestic Violence Attorneys.
Rhode Island also is passing legislation to make Domestic
Violence laws even tougher. New crimes would be classified as
acts of domestic violence under legislation passed by the Senate. The
bill would make crimes such as arson, burglary and the damage to or obstruction
of a telephone a domestic violence offense. Victims of
those crimes would be able to get a "no contact'' order
and other protection provided by the Domestic
Violence Prevention Act.
The people that is encompassed by Domestic Violence laws has also
expanded. For a crime to be designated as a domestic violence offense,
the victim and the defendant must be “family or household members”,
which includes:
- husband/wife/spouses or former spouses
- adult persons related by blood or marriage
- adult persons who are presently living together (roommates) or have lived together within the past 3 years
- people who have a child in common
- people who are or have been engaged, or in a significant dating relationship
within the past year as determined by the court, based on length and type
of relationship, time/duration of relationship, and frequency of interaction
between the two individuals
This wide definition of relationships often makes a warrantless arrest
possible and could begin a nightmare for family members and those charged.
Call the Law Offices of John MacDonald NOW at 401-421-1440 or
CONTACT US VIA EMAIL and Aggressive Legal Services will be
able to tell you what we can do to protect and defend your rights.
Crimes and Charges Included in the Rhode Island's Domestic Violence
Statutes include:
- Assault & Battery
- Kidnapping
- Child SnatchingSexual assault
- False imprisonment
- Harassment
- Stalking
- Disorderly Conduct
- Trespass
- Vandalism
- Homicide/Murder
- Violations of a Protective Order / Restraining Order / No Contact Order RONCO)
- Arson (proposed)
- Burglary (proposed)
- Damage to or obstruction of a telephone (proposed)
- Assault - RI Laws & Penalties
In addition to charges under the specific criminal acts above such as domestic
assault, if you are found guilty of domestic violence
in Rhode Island you will face other automatic penalties:
- First Offense: you will be required to attend a batterer's intervention
program, and face additional assessment fees.
- Second Offense: domestic violence conviction carries with it a minimum
of 10 days in jail, and a maximum of up to 1 year.
- Third Offense: domestic violence conviction carries with it a minimum
of 1-10 years in prison.
THE SOONER YOU ENGAGE AN ATTORNEY
THE BETTER YOUR CHANCES TO AVOID THESE PENALTIES!
Call the Law Offices of John MacDonald NOW at 401-421-1440 or CONTACT
US VIA EMAIL and Aggressive Legal Services will be able
to tell you what we can do to protect and defend your rights as your RI
Domestic Violence Defense lawyers.
Results achieved by the attorneys of Aggressive Legal Services:
- Domestic Assault: Not guilty after jury trial.
- First Degree Sexual Assault: Not guilty after jury trial.
The Law Firm of John E. MacDonald, Esquire is ready to give YOUR domestic
violence case the attention it deserves. Please CONTACT
US today for a FREE consultation. |