Rhode Island Self-Defense - Assault
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How to fill out Self-Defense - Assault?
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FAQ
Rhode Island also has a ?castle doctrine law,? which means you can defend yourself by using deadly force if you believe someone broke into your home to commit a felony and you are in danger of great bodily harm or death. The only exception to this rule is if the perpetrator also lives in the home.
An Assault, generally defined, is any attempt to hurt another with force or violence. The offense may also consist of putting another in fear of violence. Battery, on the other hand, requires the unconsented touching of the body of another.
Simple assault or battery charges in Rhode Island This misdemeanor offense penalizes the conduct of voluntarily making an assault or battery or both on another person. An assault is defined as an unlawful attempt or offer, with force or violence, to do a corporal hurt to another, whether from malice or wantonness.
Rhode Island General Laws § 11-5-2 states: "Every person who shall make an assault or battery, or both, upon the person of another, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery that results in serious bodily injury shall be guilty of a felony assault."
All states have self-defense laws that allow people who are threatened to use reasonable force to defend themselves or others, and to avoid criminal liability from their use of force.
Spitting on someone is an assault (unless for some bizarre reason, they have consented to it). One is entitled to employ physical force to prevent harm being done to oneself and, in that case, the force employed by you must be proportional to the physical threat you face.
The penalties for a simple assault charge are outlined in Rhode Island General Law 11-5-3(b) and include up to one year in prison, up to a $1,000 fine, or both. There may also be the imposition of a no contact order and monetary restitution if the victim suffered injuries as a result of the assault.
Assault with a dangerous weapon charges in Rhode Island This felony offense is also commonly known as Aggravated Assault. This offense penalizes the conduct of an assault or battery by means of a dangerous weapon, dangerous substance, or the occurrence of serious bodily harm.
