What Is Felony Assault?

Rhode Island General Law 11-5-2 Defines Felony Assault as “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.”

What Does “Serious bodily injury" mean?

It’s physical injury that:

(1) Creates a substantial risk of death;

(2) Causes protracted loss or impairment of the function of any bodily part, member, or organ;

(3) Causes serious permanent disfigurement or circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person; or

(4) Results in the termination of a pregnancy where the person making the assault or battery is someone other than the pregnant person and knows or has reason to know that the person upon whom the assault or battery is made is pregnant.

What Are The Penalties for Felony Assault in Rhode Island?

• If such assault results in serious bodily injury, it shall be punished by imprisonment for not more than twenty (20) years.
• Every other felony assault which results in bodily injury or no injury shall be punished by imprisonment for not more than six (6) years.

What Are Some Other Types of Assault Charges That Are Felonies?

Assault with intent to commit specified felonies.

Every person who shall make an assault with intent to commit murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature, shall be imprisoned not exceeding twenty (20) years nor less than one year.

Felony assault by use of devices similar in appearance to a firearm.

(a) Every person who shall make an assault or battery, or both, with any device manufactured and designed to be substantially similar in appearance to a firearm shall be punished by imprisonment for not more than ten (10) years if serious injury results, and in the event that serious bodily injury does not result, punishment shall be imprisonment for not more than three (3) years.

Assault on persons 60 years of age or older causing bodily injury.

Any person who shall commit an assault and battery upon a person sixty (60) years of age or older, causing bodily injury, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined not exceeding one thousand dollars ($1,000), or both.

Assault on persons 60 years of age or older causing serious bodily injury.

(a) Any person who shall commit an assault or battery, or both, upon a person sixty (60) years of age or older, causing serious bodily injury, shall be deemed to have committed a felony and shall be imprisoned for not less than three (3) years but not more than twenty (20) years, or fined not more than ten thousand dollars ($10,000).