Domestic Simple Assault: Dismissed

Fighting Assault Charges for Clients throughout the Massachusetts and Rhode Island Areas

Newport Police

Client is arrested by Newport Police in the Chapel Terrace neighborhood and charged with Domestic Simple Assault. If convicted, client could face up to a year in jail; be ordered to complete domestic violence classes (at client’s expense); have a no-contact order imposed; and be subject to court costs and fees.

Additionally, section 12-29-5, of the Rhode Island General Laws Domestic Violence Prevention Act provides in pertinent part that-

Every person convicted of an offense punishable as a misdemeanor involving domestic violence shall:

  • For a second violation be imprisoned for a term of not less than ten (10) days and not more than one year;
  • For a third and subsequent violation be deemed guilty of a felony and be imprisoned for a term of not less than one year and not more than ten (10) years;
  • No jail sentence provided for under this section can be suspended;
  • Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing;
  • For the purposes of this section, “batterers intervention program” means a program which is certified by the batterers intervention program standards oversight committee according to minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.

After her arrest, client hires Rhode Island Domestic Violence Attorney Noah Kilroy to represent her. In this case, client was alleged to have gotten into an argument with her cousin. The complaining witness also alleged that client proceeded to assault her multiple times, causing the complaining witness to suffer a seizure after being rushed to the hospital. However, after Criminal Defense Attorney Noah Kilroy investigated further, he was able to determine that the complaining witness was actually the aggressor in this incident, and that client was simply defending herself from the complaining witness.

“Under the law relating to self-defense, one may defend oneself whenever one reasonably believes that he or she is in imminent danger of bodily harm at the hands of another. Such a person, having the fear, need not wait for the other to strike the first blow.” State v. D’Amario, 568 A.2d 1383, 1385 (R.I. 1990).

After Attorney Kilroy presented evidence to the State showing that the complaining witness was the aggressor and not client, the State dismissed the domestic simple assault charge against client.

Were You Arrested For A Domestic Simple Assault and Battery?

If you or a loved one was arrested for a domestic assault and battery, contact Kilroy Law Firm, immediately. We can assist you with your case, and help you get the justice you deserve! Schedule a free consultation with Attorney Kilroy by calling or texting 401-855-9023.