--- title: "Assault with a Dangerous Weapon" url: https://www.chadbanklaw.com/assault-with-dangerous-weapon/ date: 2014-10-20 modified: 2026-06-05 author: "The Law Office of Chad F Bank" image: https://www.chadbanklaw.com/wp-content/uploads/2019/10/Assault-with-a-Dangerous-Weapon-scaled.jpeg type: page lang: en --- # Assault with a Dangerous Weapon ## Assault with a Dangerous Weapon Lawyer !(https://www.chadbanklaw.com/wp-content/uploads/2019/10/Assault-with-a-Dangerous-Weapon-300x179.jpeg) Assault with a dangerous weapon takes place when a physical object with a strong ability to inflict painful or fatal injuries on the victim is used during an attack. An object can be considered deadly as a result of its design or shape. The term "dangerous weapon" can be applied to many unrelated objects. Cases in the past have deemed the likes of golf clubs and household lamps as dangerous weapons because of the intent of usage. Some dangerous weapons can be less obvious to identify such as human body parts or HIV+ patients attempting to harm another person with their virus. The heightened level of tragic results in these cases has caused all states to classify assault with dangerous weapons as a felony. ## Penalties for Assault with a Dangerous Weapon in RI The state of Rhode Island imposes serious penalties for assault with a dangerous weapon. These assaults can carry imprisonment terms for up to twenty years. There are also specific fines that can be applied to the sentencing. There are several factors to be considered before sentencing the alleged attacker. Having an experienced **assault defense attorney** representing your case could make all the difference in the success of your results. ### Assault defense If you or a loved one has been charged with assault with a dangerous object, contact the Law Office of Chad F Bank immediately at 401-573-2265. § 11-5-2  Felony assault. – (a) Every person who shall make an assault or battery, or both, with a dangerous weapon or with acid or other dangerous substance or by fire or an assault or battery which results in serious bodily injury shall be punished by imprisonment for not more than twenty years. (http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-5/11-5-2.HTM) ## Frequently Asked Questions What is assault with a dangerous weapon in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:53:34-04:00 #### [ **** What is assault with a dangerous weapon in Rhode Island? ](#collapse-1-8057) Assault with a dangerous weapon in Rhode Island is a felony under R.I. Gen. Laws § 11-5-2 covering any assault committed with an instrument capable of causing serious bodily injury or death. The charge carries up to 20 years in state prison plus fines and a permanent felony record. The "dangerous weapon" element can include firearms, knives, blunt objects, vehicles used as weapons, and any other instrument used in a manner capable of producing serious harm. The case moves to Rhode Island Superior Court for jury trial because of the felony classification. What counts as a dangerous weapon in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:53:39-04:00 #### [ **** What counts as a dangerous weapon in Rhode Island? ](#collapse-1-8058) A dangerous weapon in Rhode Island assault law includes any instrument capable of causing serious bodily injury or death when used as a weapon. Firearms, knives, baseball bats, hammers, brass knuckles, and other classic weapons are obvious examples. Less obvious examples include vehicles (when driven at a person), bottles, rocks, dogs (trained to attack), and even objects normally harmless when used in a threatening manner. The prosecution must prove both that the object was used as a weapon and that it was capable of producing serious harm given how it was used. What are the penalties for assault with a dangerous weapon in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:53:44-04:00 #### [ **** What are the penalties for assault with a dangerous weapon in Rhode Island? ](#collapse-1-8059) Penalties for assault with a dangerous weapon in Rhode Island include up to 20 years in state prison, fines reaching thousands of dollars, and a permanent felony record. The charge is one of the most serious assault classifications under Rhode Island law. Aggravating factors (serious bodily injury, victim in protected category, prior assault convictions) can push sentencing to the upper end of the range. The felony record triggers lifetime collateral consequences including federal firearm prohibition, voting restrictions during incarceration, professional license review, and severe employment background check impact. Is assault with a dangerous weapon always a felony in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:53:48-04:00 #### [ **** Is assault with a dangerous weapon always a felony in Rhode Island? ](#collapse-1-8060) Yes. Assault with a dangerous weapon is always charged as a felony in Rhode Island under R.I. Gen. Laws § 11-5-2 because the use of a weapon elevates the assault to felony status regardless of the actual injury caused. Even an assault that produces no physical injury can be charged as assault with a dangerous weapon if the prosecution can show that a dangerous weapon was used or displayed in a threatening manner. The felony charge moves the case to Superior Court for jury trial and triggers all the procedural rigor and lifetime consequences of felony prosecution. Can self-defense apply to assault with a dangerous weapon in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:53:53-04:00 #### [ **** Can self-defense apply to assault with a dangerous weapon in Rhode Island? ](#collapse-1-8061) Yes. Self-defense remains a recognized affirmative defense even when the assault involved a dangerous weapon. The defense must show that you reasonably believed force was necessary to defend yourself or another, that the force used was proportional to the threat, and that you were not the initial aggressor. The use of a weapon in self-defense requires showing that the threat justified weapon-level force, which is a higher bar than for unarmed self-defense. Rhode Island does not have a stand-your-ground law; the law generally requires retreat when safely possible outside your home before using deadly force. Can assault with a weapon be reduced in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:53:59-04:00 #### [ **** Can assault with a weapon be reduced in Rhode Island? ](#collapse-1-8062) Yes. Assault with a dangerous weapon charges in Rhode Island can be reduced through several paths: challenging whether the object qualified as a "dangerous weapon" (which can downgrade the case to simple assault), contesting the assault element itself (lack of intent, mistaken identity, self-defense), suppression motions that exclude evidence, and plea negotiations with prosecutors. Common reductions include weapon assault to simple assault (misdemeanor) or weapon assault to disorderly conduct. Reduction to a non-felony outcome eliminates the lifetime firearm ban and other felony-specific collateral consequences, which can be the most valuable component of a successful defense. What court handles assault with a weapon cases in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:54:03-04:00 #### [ **** What court handles assault with a weapon cases in Rhode Island? ](#collapse-1-8063) Assault with a dangerous weapon cases in Rhode Island begin at the District Court for arraignment and bail, then move to Rhode Island Superior Court for the substantive proceedings including jury trial because of the felony classification. The Attorney General has up to 6 months after arraignment to file the indictment or information moving the case to Superior Court. Felony jury trials happen before a 12-person jury. The procedural rules, prosecutors, and judges at Superior Court are more demanding than at District Court, and the stakes are significantly higher. Do I need a lawyer for an assault with a weapon charge in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:54:09-04:00 #### [ **** Do I need a lawyer for an assault with a weapon charge in Rhode Island? ](#collapse-1-8064) Yes. Assault with a dangerous weapon is a felony in Rhode Island with up to 20 years prison exposure, lifetime federal firearm prohibition, severe employment and immigration consequences, and the full procedural rigor of Superior Court practice. The complexity of the evidence (witness identification, weapon classification, intent, self-defense viability), the seriousness of the stakes, and the experience of the felony prosecutors all demand experienced specialized defense counsel. A weapon assault defense lawyer reviews discovery in depth, files pre-trial motions to challenge evidence, retains expert witnesses when needed, negotiates with the prosecution for reduced charges, and tries the case before a jury when necessary. ## Assault with a Dangerous Weapon Defense Office Location ### Assault with a Dangerous Weapon 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