Assault and Battery Case Results

Domestic Assault and Battery: Pretrial Probation for 12 Months.

Police charged a young man with Domestic Assault and Battery against his former live-in girlfriend. The couple allegedly had a falling out that resulted in the man asking his girlfriend to vacate their common apartment. Following an altercation, the details of which are subject to dispute, the girl left the apartment. The next day she filed a complaint with the local police claiming that her boyfriend struck her in the face with a closed fist. The investigating officer took a statement from the complaining victim and also took a digital photograph of her face, which displayed redness and swelling consistent with her allegation of being punched in the face. The girl then visited the local court house and successfully obtained a restraining order against the ex-boyfriend. As a result of these efforts, the boyfriend was charged with one count of Domestic Assault and Battery.
 
The man retained Attorney John L. Calcagni III to defend him in this criminal matter. After several unsuccessful pretrial conferences, the man, on Attorney Calcagni’s advice, opted to exercise his right to a trial. On the morning of trial. moments before empaneling a jury, Attorney Calcagni successfully negotiated a pretrial disposition of the case that was simply too good to be true.

The disposition provided that the man would maintain his innocence by not admitting to any guilt or any wrongdoing. His case, however, would remain open for 12 months during which time he would remain on what is known as “pretrial probation.” Providing the man is not charged with a new offense during this time period, the case will be dismissed at the end of the year and he will not incur a criminal record or conviction from this incident. The man accepted and the Court adopted this disposition.

Congratulations on this favorable result.

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The Law Office of John L. Calcagni, III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Assault Client Testimonial

“Attorney Calcagni is nothing short of a lifesaver.  On the evening of December 13, 2011, I was arrested and charged with several felonies ranging from Assault with a Deadly Weapon to Possession of Firearms without an FID Card.  After being charges, I was held  without bail for several months on grounds of dangerousness.  I initially received and relied upon my court-appointed counsel to do her job and prove my innocence. My family and I felt that we received very little help or cooperation from her. I must confess that while being held without bail, I didn't even know what I had been charged with, the evidence against me or the possible punishment that I faced.  I therefore decided to find new counsel from someone in the local area. My family found John online and that very day, John came out to me.  I remember it was a Friday evening at about eight o'clock in the evening, but that did not stop him. He stayed with me for a long time and explained everything over and over again until I understood my case.  What should have been John’s time off from work on a Friday night was used to make sure that I, as his client, was well taken care of and put at ease by his vast knowledge of the laws, his experience in court, and outlining my options.  John fought hard for me and stayed in my corner throughout the whole ordeal ensuring that I was informed and up to speed on all aspects of the case.  In the end, he won a favorable outcome for me and got me released from jail at my second court appearance after hiring him. He also got all of my serious felonies dismissed, and the one misdemeanor charge that I accepted responsibility for will ultimately be dismissed.  After that, he filed a motion to have all of my guns, knives and other property that the police took returned to me.  If anyone is thinking about hiring a lawyer, it should be John.  He will go all the way for you as a client and will do anything for his clients to make sure they are well taken care of and represented.  If you need help, John is the lawyer to talk to. I am very grateful for everything he has done.”  CK, U.S. Army Specialist (Ret)

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.

Assault and Battery

Assault and Battery in Rhode Island can range in severity from a misdemeanor to a variety of felonies depending upon a number of factors. Some of those factors include the nature of the assault, the severity of the victim's injuries, whether or not a weapon was used, and what type of weapon was used in the attack.

Assault vs Battery

Nearly anyone can find themselves facing an assault charge simply by engaging in aggressive behavior. You may be involved in a conflict in which you make threats, physically threatening gestures, or threatening an individuals safety by giving chase with intent to harm.

Assault generally refers to the "threat of violence or physical touching" against one's will. Battery is the actual carrying out of harmful intent and involves unwanted physical contact.

Most states do not tolerate violence for any reason other than self-defense. The simple act of engaging in a mutual fist-fight is enough to land an assault and battery charge.

Have you been charged with Assault?

A RI Assault and Battery conviction will remain on your record indefinitely if it cannot be expunged, and will make it difficult to enter certain career fields or advance your current career. 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.

Assault and Disorderly Conduct Case Results

If you have been charged with the crime of Assault or Disorderly Conduct, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 now for a free consultation or more information.

Simple Assault and Disorderly Conduct: Dismissed. 

Intoxicated college student was involved in a melee on campus with a group of other students.  Campus security or public safety officers arrived on scene and dispersed the crowd.  A campus security officer, attempting to investigate the assault, approached an intoxicated college student and requested the student’s identification card.  The student refused to produce his ID.  In response, the public safety officer snatched from the student’s hand his cellular phone.  The officer then offered to trade back the student’s phone for his ID. The student verbally agreed to the trade, but instead, tried to retrieve his phone without producing his ID.  A struggled ensued between the officer and student at which time the student struck the officer in the face with a closed fist and attempted to flee.  Several officers pursued the student and tackled him to the ground.  The student continued to physically struggle until he was ultimately subdued by both public safety officers and local police officers who were called to the scene.  For this series of events, the student was charged with both Simply Assault on the public safety officer and Disorderly Conduct for his fighting behavior.  The student and his family retained Attorney Calcagni to defend against these criminal charges.  Attorney Calcagni advocated on behalf of this first-time offender who was intoxicated at the time of the offense and had ambitions of enlisting into the military.  At a pretrial conference, Attorney Calcagni successfully negotiated for the dismissal of these charges.  Congratulations to this client.

Assault and Battery Case Results

If you have been involved in an assault and battery, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation and more information.

Assault and Battery and Witness Intimidation: Dismissed. 

Boyfriend and girlfriend reside together in the same apartment.  After a verbal argument, the boyfriend physically assaulted his girlfriend.  When she attempted to call the police, he took a cell phone from her possession.  When she attempted to flee the apartment, he physically restrained her and removed her clothing to prevent her from leaving.  Ultimately, the girlfriend broke free and notified the authorities.  As a result, her boyfriend was criminally charged with Assault and Battery and Witness Intimidation.  Attorney Calcagni represented the boyfriend.  At a pretrial conference, Attorney Calcagni successfully negotiated for the dismissal of the entire case and its charges.  The boyfriend will not sustain a criminal conviction or any punishment from this unfortunate chain of events.

Criminal Assault and Battery Can Become a Civil Personal Injury Matter

 

An assault and battery is a personal injury that is inflicted on purpose by one person or group of people upon another. For this reason, many assault and battery cases are not only prosecuted from a criminal perspective by the state, but are also then sued civilly for damages from personal injuries to the victim. This is particularly true when the accused has been convicted at the criminal level.

Under the requirements for assault only, no contact need occur, and under the requirements for battery only, no intention need exist - yet to satisfy the requirements of assault and battery, the accused must be proven to have intended to cause either fear or harmful contact, as well as actually commit the offensive contact in question.

The only elements that need to be satisfied in order for a battery to exist are measurable harm, either physically, emotionally, or financially. The elements that must be satisfied in order for an assault to exist are only that the intent to do harm or cause fear, apprehension, or discomfort, be clear to a reasonable person. Under criminal law, if a battery is proven, the victim can file for compensation through a victim's fund, as well as file a civil lawsuit for personal injury compensation.

Assault and Battery case recently resolved favorably by Criminal Defense Attorney John Calcagni

A recent client charged with Assault and Battery with a Dangerous Weapon and  Assault and Battery came to Criminal Lawyer John L. Calcagni for criminal defense. The details of the cases are below: 

CHARGES: Assault and Battery with a Dangerous Weapon; Assault and Battery:

CASE DETAILS: Police receive a 911 call from an apparently frantic woman who has locked herself in bathroom.  The woman alleges that her boyfriend is out of control and threatening her with a kitchen knife.  The woman specifically alleged that he “is trying to kill me” and “put a knife to my throat.”  Police receive a second 911 call from same residence, but this caller is the man’s mother.  She too alleges that her son is threatening harm with a knife, had caused property damage by punching holes in the walls of the residence, and had chased his girlfriend out of the house.  Police respond and discover the friend in the street, visibly shaken, crying and upset.  Police interview the two callers and then place the man under arrest for both Assault and Battery with a Dangerous Weapon (i.e. kitchen knife) and Assault and Battery. 

RESULT: Pretrial Probation - Successfully negotiated on morning of trial that man be allowed to maintain his not guilty plea and be placed on pretrial probation for 12 months.  Providing he successfully completes the probation term, the case will be dismissed and the man will suffer no criminal conviction from these events.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.