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assault

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

In Rhode Island, assault is defined under Rhode Island General Laws Section 11-5-3 as an attempt or offer to do bodily harm to another person, with the apparent ability to carry out the act, which creates a reasonable fear of imminent bodily harm in the other person. This means that actual physical contact is not necessary for an assault charge; the key element is the attempt or threat to use force. The law distinguishes assault from battery, where battery requires actual physical contact with the victim. Assault can be charged as a misdemeanor or a felony in Rhode Island, depending on the circumstances, such as the use of a weapon or the intent to commit a felony. Penalties for assault can include fines, imprisonment, and probation. It is important for individuals facing assault charges to consult with an attorney to understand the specific charges and potential defenses available to them under Rhode Island law.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

Rhode-Island State Code

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