--- title: "Assault and Battery" url: https://www.chadbanklaw.com/assault-and-battery-defense/ date: 2014-11-07 modified: 2026-06-12 author: "The Law Office of Chad F Bank" image: https://www.chadbanklaw.com/wp-content/uploads/2016/04/Rhode-Island-Assault-Attorney-scaled.jpg type: page lang: en --- # Assault and Battery ## Rhode Island Assault and Battery Attorney Assault and battery offenses are among the most common criminal offenses committed in todays society. Rhode Island Assault Attorney Chad Bank is ready to fight on your behalf. The legal definition of assault is the act of purposefully placing another person in imminent harm or offensive contact with or without the intent to cause physical injury.!(https://www.chadbanklaw.com/wp-content/uploads/2016/04/Rhode-Island-Assault-Attorney-300x200.jpg) There are several types of assault and battery offenses: - Simple Assault - Felony assault by use of devices similar in appearance to a firearm - Assault with intent to commit a (https://www.chadbanklaw.com/ri-felony-criminal-defense/) - Assault of schoolteachers school officials or other school department employees - Battery Criminal negligence - Assault with dangerous weapon in dwelling house - Assault (https://www.chadbanklaw.com/assault-with-dangerous-weapon/) - Felony Assault - Assault on persons 60 years of age or older causing serious bodily injury - Assault or battery for purpose of causing unconsciousness ## Rhode Island Penalties for Assault There are a variation of degrees identified in these offenses. Each state varies in criteria and penalties ranging from the First Degree to the Fifth Degree. First degree assault is deemed the most serious while Fifth degree assault is often the most common and categorized as a misdemeanor offense. Being found guilty of assault and battery charges can impose severe penalties. However, having an experienced criminal defense attorney aggressively representing your defense as early as possible can have a huge impact on the outcome of your case. Our Rhode Island law office has successfully defended thousands of assault cases and leverages our resources to conduct thorough investigations on behalf of our clients best interest. We understand the hardships faced when charged with criminal offenses. These charges not only impact your personal life but also the lives of your loved ones. Our legal experts are highly noted for our aggressive and compassionate approach to criminal defense. Do not leave your future to chance. If you or a loved one has been charged with an assault or battery offense contact our law office today. Call 401-573-2265 immediately to speak with Rhode Island Assault and Battery Attorney Chad Bank. [11-5-2](http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-5/11-5-3.HTM) Felony assault. – Every person who shall make an assault or battery or both with a dangerous weapon which results in serious bodily injury shall be punished. The sentence is imprisonment for not more than twenty 20 years. ## Frequently Asked Questions What is the difference between assault and battery in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:48:40-04:00 #### [ **** What is the difference between assault and battery in Rhode Island? ](#collapse-1-8049) Rhode Island law combines assault and battery into a single statutory framework, though the underlying concepts differ. Assault is the threat of imminent physical harm or the attempt to cause harm; battery is the actual unwanted physical contact or use of force. In practice, Rhode Island charges include simple assault (R.I. Gen. Laws § 11-5-3), felony assault, assault with a dangerous weapon, and domestic assault. The specific charge depends on whether actual contact occurred, the severity of any injury, whether a weapon was involved, and the relationship between the parties. Defense work begins by identifying which specific charge applies. What is simple assault in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:48:45-04:00 #### [ **** What is simple assault in Rhode Island? ](#collapse-1-8050) Simple assault in Rhode Island is a misdemeanor under R.I. Gen. Laws § 11-5-3 covering threats of imminent physical harm or actual unwanted physical contact that does not cause serious injury. Penalties include up to 1 year jail, fines up to $1,000, and a permanent criminal record. Simple assault becomes the elevated charge of felony assault when serious bodily injury occurs, when a dangerous weapon is involved, or when the assault is committed against certain protected categories (police, healthcare workers, elderly victims). Most simple assault cases resolve through plea negotiation rather than trial. What are the penalties for assault in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:48:49-04:00 #### [ **** What are the penalties for assault in Rhode Island? ](#collapse-1-8051) Assault penalties in Rhode Island scale with the charge level. Simple assault (misdemeanor) carries up to 1 year jail and $1,000 fines. Felony assault carries up to 6 years prison and higher fines. Assault with a dangerous weapon carries up to 20 years prison. Domestic assault carries mandatory minimum jail time (10 days for first offense, longer for repeat) plus Batterers Intervention Program and federal firearm restrictions. Assault on protected categories (police, healthcare workers, elderly victims) carries elevated penalties beyond the base assault charge. All assault convictions carry a permanent criminal record visible on background checks. When does assault become a felony in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:48:55-04:00 #### [ **** When does assault become a felony in Rhode Island? ](#collapse-1-8052) Assault becomes a felony in Rhode Island when serious bodily injury occurs, when a dangerous weapon is used or displayed, when the assault is committed against certain protected categories (police, healthcare workers, elderly persons over 60, persons with disabilities), or when aggravating factors like prior assault convictions elevate the charge. Serious bodily injury includes substantial risk of death, permanent disfigurement, or protracted loss of function of any organ or body part. Felony assault moves to Rhode Island Superior Court for jury trial and carries multi-year prison exposure plus all the lifetime collateral consequences of a felony conviction. Can self-defense be used as a defense in a Rhode Island assault case?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:49:00-04:00 #### [ **** Can self-defense be used as a defense in a Rhode Island assault case? ](#collapse-1-8053) Yes. Self-defense is a recognized affirmative defense to assault charges in Rhode Island. To assert self-defense successfully, you must show that you reasonably believed force was necessary to defend yourself or another person from imminent harm, that the force used was proportional to the threat, and that you were not the initial aggressor. Rhode Island does not have a "stand your ground" law like some other states; the law generally requires retreat when safely possible before using force, unless you are in your own home (Castle Doctrine applies). Self-defense cases turn heavily on the specific facts and credible witness testimony. Can assault charges be dropped by the victim in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:49:05-04:00 #### [ **** Can assault charges be dropped by the victim in Rhode Island? ](#collapse-1-8054) No. Once the state files assault charges in Rhode Island, only the prosecutor can decide whether to drop or reduce them. The alleged victim cannot drop the case unilaterally, even if they request that the charges be dismissed or refuse to cooperate. The prosecutor will consider the victim's wishes but is not bound by them. The prosecutor can also subpoena the victim to testify even if the victim does not want to participate. This rule is particularly important in domestic assault cases where prosecutors regularly proceed without victim cooperation based on police reports, body camera footage, and 911 audio. How long does an assault case take in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:49:10-04:00 #### [ **** How long does an assault case take in Rhode Island? ](#collapse-1-8055) A typical misdemeanor simple assault case in Rhode Island District Court resolves in 3 to 6 months from arraignment, depending on continuances and pre-trial motions. Felony assault cases that move to Superior Court take 6 to 18 months or longer, especially if the case involves serious bodily injury, expert witnesses (medical, forensic), or pre-trial motions to suppress evidence. Cases that go to trial take longer than cases that resolve via plea agreement at the pre-trial conference. Domestic assault cases sometimes move faster because the procedural calendar is more aggressive. Do I need a lawyer for an assault charge in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:49:15-04:00 #### [ **** Do I need a lawyer for an assault charge in Rhode Island? ](#collapse-1-8056) Yes. Assault charges in Rhode Island carry potential jail time, fines, permanent criminal record, immigration consequences for non-citizens, professional licensing issues, and (for domestic assault) federal firearm restrictions under the Lautenberg Amendment. Even simple assault misdemeanors trigger significant collateral consequences. A defense lawyer reviews the evidence for weaknesses (witness credibility, self-defense viability, lack of intent), negotiates with the prosecution for reduced charges or diversion, and tries the case before a judge or jury when necessary. Assault cases are also frequently defensible through challenging witness identification, the sequence of events, and the proportionality of force. ## Assault and Battery Defense Office Location ### Top Rated Rhode Island Assault and Battery Attorney The Law Office of Chad F Bank $ https://www.chadbanklaw.com/wp-content/uploads/2019/05/cropped-the-law-office-of-chad-f-bank-logo-square.jpg 127 Dorrance St Providence , RI 02903 Phone: 401-573-2265