Aggressive Rhode Island ADW and Felony Assault Defense Attorney

Cell 401-523-5271

Office 401-490-6820

You need a criminal defense attorney with a track record of success.

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127 Dorrance Street Prvidence, Rhode Island 02903

Cell 401-523-5271

Office 401-490-6820

Click to Email E-Mail Attorney Michael J. Zarrella

CriminalDefense

Serving all communities thoughout Rhode Island

Barrington, Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket,

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Criminal Defense

Don't take a chance on your future.

If you're facing criminal charges, the attorney you hire to represent you is maybe the single most important decision you'll ever have to make. The consequences of conviction are life altering and in many cases permanent. Do not take chances with your future. Hire criminal defense lawyer, Michael J. Zarrella

Rhode Island ADW and Felony Assault Lawyer

The Law Offices of Michael J. Zarrella

Attonery Zarrella provides an aggressive defense in felony assault cases.

Under Rhode Island law, the crime of felony assault occurs when there is a assault and it is committed using a dangerous weapon or occurs if an assault results in serious physical injury to the victim. A felony assault is a very serious crime in Rhode Island. If you have been charged with assault, ADW or felony assault, you need an experienced and successful criminal defense lawyer on your side. The Law Offices of Michael J. Zarrella has been obtaining great results for his clients charged with crimes for 20 years. You cannot afford to take chances with your future. Having a major league lawyer makes an immense diference in the outcome of your felony assault case.

There are many defenses to the charge of assault. Remembe,r just because you have been charged with a Rhode Island assault , that charge does not mean you will be convicted of it. The Rhode Island Attorney General's face a heavy burden proving that an individual committed every element of the criminal offense, beyond a reasonable doubt. Attonery Zarrella's aggressive approach to assault cases often leads to a dismissal, reduction in charges, favorable dispositions or a NOT GUILTY verdict after trial. Do not go with a lesser defense attorney.

ADW and felony assault convictions can affect more then just your freedom,. Those convictions will affect all aspects of your life, including but not limited to your reputation, employment opportunities and your family's standing in the community. Contact The Law Offices of Michael J. Zarrella and he will use an aggressive approach in the defense of your case.

Assault with a Deadly Weapon Defenses in Rhode Island

There are numerous Defenses that may be applicable to the allegations of an assault with a deadly weapon case. It is important to hire an experienced criminal defense attorney to determine which defense may be applicable to your case. Some of the more common defenses in Rhode Island ADW are as follows:

  • Lack of a Deadly Weapon – Often the state may charge a case as an ADW, but the weapon used may not qualify as a dangerous weapon. In those cases, the charge may be reduced to a misdemeanor.
  • Lack of Intent – Intent is an essential element to all cases involving an assault offense. If the prosecution does not to show that a defendant had the required intent to commit assault with a deadly weapon, the charges against that defedant can be dismissed.
  • Self Defense – In certain cases an individual is allowed to use reasonable force against another person when they are threatened by the immediate physical bodily harm.
  • Defense of others– In other cases an individual is allowed to use reasonable force against another person when another person is threatened by the immediate physical bodily harm.
  • Insufficient evidence– Often the state does not have enough evidence to sustian the charge of ADW

 

The Many Felony Assault Crimes And Their Punishments

There are a wide range of possible punishments for Rhode Island assault crimes ranging from a misdemeanor conviction punishable by up to one year in jail to a felony conviction , depending on what type of felony crime was committed. The are assault crimes that can become felonies based on many different reasons. The victim's age, injury mental status, relationship are factors that may cause an assault to be upgraded to a felony. In addition, if the assault is a domestic and the defendant has two prior domestic convictions the case can also be upgreded to a felony.

Here is a common list of assault charges and the maximum penalites, under Rhode island Law:

 11-5-2  Felony assault (ADW)-assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire. The charge carries a penalty of imprisonment for not more than twenty (20) years.

 11-5-2  Felony assault (Serious bodily injury)-is an assault or battery, or both, which results in serious bodily injury. The charge carries a penalty of imprisonment for not more than twenty (20) years.

Serious bodily injury is defined as injury that:

   (1) Creates a substantial risk of death;

   (2) Causes protracted loss or impairment of the function of any body part, member or organ; or

   (3) Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person

11-5-2.1  Felony assault by use of devices similar in appearance to a firearm-is an assault or battery, or both, with a device that appears to be a firearm.

The charge carries a penalty of imprisonment for not more than three (3) years. Unless there is serious injury, then the punishment shall be imprisonment for not more than ten (10) years.

11-5-2.3  Domestic assault by strangulation, is the intentionally impeding normal breathing or circulation of the blood to a family or household member by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm.

The chage carries a penilty of imprisonment for not more than ten (10) years

11-5-4  Assault with dangerous weapon in dwelling house, is an assault committed armed with a dangerous weapon, within a dwelling house, the punishment is imprisonment in the adult correctional institution for not less than ten (10) years to life

11-5-7  Assault of schoolteachers, school officials or other school department employees, is the knowingly and willfully striking of a school teacher, student teacher, school security officer or school administrator, causing bodily injury, while he or he is engaged in the performance of their duty, the maximum penalty is imprisonment at the ACI three (3) years, or a fine not exceeding fifteen hundred dollars ($1,500), or both.

11-5-8.1  Assault with bodily fluid- A person in the custody of a state correctional facility who commits an assault upon on an employee of the department of corrections with any bodily fluid, while that person is engaged in the performance of their duty is gulity of assault with bodily fluid. The maximum penalty is (5) years at the ACI, or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both.

11-5-10  Assault on persons 60 years of age or older causing bodily injury-if someone commits an assault on a person 60 or older, and causes bodily injury

The charge carries a penalty of imprisonment for not more than five (5) years , a fine up to $1000, or both.

11-5-10.1  Assault on persons 60 years of age or older causing serious bodily injury, if someone commits an assault on a person 60 or older, and causes serious bodily injury

The charge carries a penalty of imprisonment for not less than three (3) years but not more than twenty (20) years, or fined not more than ten thousand dollars ($10,000), or both

11-5-10.2  Assault on persons with severe impairments causing serious bodily injury, is the assault and battery upon a person who is severely impaired, causing serious bodily injury, The penalty is imprisonment for not less than two (2) years but not more than twenty (20) years, or fined not more than five thousand dollars ($5,000), or both

11-5-11  Assault on persons with severe impairments, is the assault and battery upon a person who is severely impaired, causing bodily injury, The penalty is imprisonment not exceeding five (5) years, or fined not exceeding two thousand dollars ($2,000), or both.

11-5-14.2  Battery by an adult upon child ten (10) years of age or younger causing serious bodily injury, is the crime of an adult assulting a person under 10, causing serious bodily injury. The maximum penalty, not less than five (5) years but not more than twenty (20) years at the ACI and a fine of not less $5,000 not more $20,000.