Military and Criminal Defense

Friday, August 3, 2012

Degrees of Assault

When you are charged with any violent crime, there are always degrees involved that classify the crime as either a misdemeanor or a felony. Even within these classifications, there can be degrees of severity; each imparting their own penalty.

Only an experienced Criminal Defense Attorney can provide you with a clear understanding of your assault charge.

Assault in the Third Degree (Misdemeanor)

Assault in the Third Degree is a very common crime often associated with domestic violence. It is the only form of assault that is considered a misdemeanor and requires an intent to inflict physical injury in addition to the battery itself.

Felony Assault

All other forms of assault are considered felonies and often go hand in hand with Battery. An individual will be convicted of any form of Felony Assault as long as a District Attorney can convince a jury that a defendant:

  • Intentionally, or recklessly caused injury to another person with the use of a deadly weapon.
  • Intended, and succeeded in causing serious injury.
  • Intentionally caused injury to another while attempting to hinder police, paramedics or firefighters.
  • Intentionally applied violence against any government officials.
  • Intentionally used drugs to intoxicate someone without their consent, or knowledge.
  • If you have been charged with Assault in Rhode Island, contact RI Criminal Defense Attorney John L. Calcagni now at (401) 351-1500 for a free consultation or more information.

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