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)

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 with a Dangerous Weapon Case Result

If you have been charged with Assault with a Dangerous Weapon contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation and assistance.

Assault and Battery and Assault with a Dangerous Weapon:  Dismissed.  Two siblings residing under the same roof allegedly took sibling rivalry to another level.  An adult female and her adult brother had a verbal argument in their family home.  When the matter could not be settled verbally, the sister obtained a baseball and physically attacked her brother by striking him with it about his body.  The police were notified and charged the alleged victim’s sister with both misdemeanor and felony assault.  She was then represented by Attorney Calcagni.  At a pretrial conference, Attorney Calcagni first successfully negotiated for dismissal of the misdemeanor Assault and Battery charge.   Second, he negotiated for amendment of felony assault charge to a misdemeanor.  Third and lastly, he negotiated for his client to admit no guilt to the sole remaining charged offense.  While maintaining her innocence, she was placed on unsupervised pretrial probation for nine (9) months.  Providing she is not charged with a new offense during this period, her case will be dismissed in nine (9) months and she will not incur a criminal conviction from this incident.   Congratulations to this fortunate client.

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.

Firearms and Assault client found Not Guilty after trial by Criminal Defense Lawyer John L. Calcagni III

CHARGES: 
Discharge of a Firearm within 500 Feet of a Building;
Carrying a Firearm without a Permit;
Defacing the Serial Number of a Firearm;
Assault and Battery with a Firearm.

Man charged with conducting a drive by shooting at a 7-Eleven gas station in New Bedford, MA.  Police alleged the man exacted revenge on rival gang members at the 7-Eleven following a similar drive by shooting the day prior whereby the man’s brother sustained two gunshot wounds.  The 7-Eleven shooting incident occurred in the early morning hours of November 10, 2009.  It was witnesses by several parties and partially caught on a surveillance video.  The police engaged in a high speed chase with the man after receiving reports of gun shots at the 7-Eleven and a description of the man’s white car fleeing the scene.  During chase, police observed a passenger run from the fleeing vehicle and into a nearby housing project.  Police lost sight of the vehicle for a brief period of time, and then discovered it abandoned on a dead end street near a rural cemetery.  A posse of police officers and K9 police dogs searched the entire area to include the abandoned car, housing project and nearby cemetery.  The search uncovered a firearm abandoned in the housing project; an empty magazine that matched this firearm in the abandoned car; and the Defendant hiding in the cemetery.  He was subsequently arrested and charged with Discharging a Firearm within 500 Feet of a Building; Carrying a Firearm without a Permit; Defacing the Serial Number of a Firearm; and Assault and Battery with a Firearm.  Defendant confessed to police that he had been shot at by hang rivals at the 7-Eleven and denied being involved in the shooting.  Defendant also consented to gunshot residue testing, which came back negative.  Also, no prints were uncovered from either the firearm or magazine.  The police also developed no ballistic evidence that either the discovered firearm or magazine were connected to the charged incident. The case proceeded to trial lasted approximately one week.  At the outset of trial, the Defense filed a series of motions in limine, many of which were granted.  Thereafter, the Commonwealth presented its case, which involved video evidence; physical evidence; documentary evidence; and the testimony of eleven police and civilian witnesses.  The Defense crossed examined each witness vigorously and offered various pieces of demonstrative evidence.  After the close of the Commonwealth’s case, I moved for a directive verdict.  The Court granted my motion with respect to count 3, defacing the serial number of a firearm.  The Court denied the motion with respect to the remaining counts and allowed the matter to proceed to the jury.  After 2.5 hours of deliberation, the jury rendered its verdict of not guilty on all remaining charges.  Defendant was acquitted and released from the courthouse.

RESULT: Not Guilty After Jury Trial. 

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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.