Defenses to Assault Charges

Rhode Island law defines assault as threatening or causing physical harm to another person. It is considered a very serious crime, punishable by heavy fines and jail time. Even when the sentence is over, a person can suffer lost job opportunities and other problems just because he or she has an assault conviction on his or her record.

If you have charged with assault, it does not need to affect the rest of your life. Experienced Rhode Island expungement lawyer James Powderly knows the best strategies for getting charges dropped so that your arrest record remains clear. Call our offices today at 401-662-9006.

When Use of Force is Acceptable

Depending on the circumstances of your case, your Rhode Island expungement attorney may be able to make use of legal defenses like:

• Consent: When people engage in certain activities, they are accepting the possibility of physical contact. For example, the commission of a foul during a game like basketball is not considered a form of assault in most cases. It is only prosecutable if it goes beyond reasonable athletic behavior, such as using a weapon.
• Defense: Sometimes it is necessary to use force to protect yourself, your property, or other people. However, you are expected to stay within reasonable boundaries. For example, once the attacker is no longer a threat, you are committing assault if you continue to hurt him.
• Defense for police officers: Police are allowed to use a certain degree of force to restrain an uncooperative or violent suspect. However, like everyone else, they can be prosecuted if their use of force is beyond accepted norms.

Contact Us

Because it is considered a violent offense, a conviction of assault cannot be expunged from your criminal record. It is very important to maximize your chances of having the charges dropped. To speak with a knowledgeable Rhode Island expungement lawyer, contact James Powderly today at 401-662-9006.