When someone is charged with domestic violence, they are often presumed guilty before they go to court. There is a presumption that the victim is telling the truth, regardless of the fact that the alleged abuser has not been convicted.
Our Providence domestic violence lawyers at Manosh Payette, LLC are committed to ensuring the court hears your side of the story. We present key evidence that supports your innocence or allows us to negotiate a fair plea agreement. With over 36 years of combined legal experience, our Rhode Island criminal defense lawyers have the experience, skills, and resources to aggressively defend you against your charges.
Domestic violence charges in Providence, RI, can have life-changing consequences, even if you are not convicted of a crime. Contact us today by calling (401) 854-7794 to schedule a free consultation with a Providence domestic violence defense attorney.
How Manosh Payette, LLC Can Help if You’ve Been Charged With Domestic Violence in Rhode Island
A domestic violence conviction in Providence, Rhode Island, could cause long-term problems in many areas of your life. A criminal history follows you for the rest of your life. Anyone conducting a background check will see the conviction, which could prevent you from getting a job and result in many unexpected consequences.
You need to present a solid defense to domestic violence charges. Even though you are presumed innocent, you cannot rely on the courts for justice. You need to fight to protect your freedom, reputation, and future.
Our legal team at Manosh Payette, LLC has extensive experience defending domestic violence cases. We have a thorough understanding of the law and what the state must prove for a conviction. We are also well-versed in defenses to domestic violence in Rhode Island.
When you hire our top-rated domestic violence lawyers in Providence, you can expect us to:
- Investigate the charges against you and gather evidence
- Obtain and analyze the state’s evidence against you
- Explain your legal options and the potential outcomes
- Aggressively pursue all defenses and arguments to have your charges dismissed
- Negotiate a fair plea deal if that is the only way to resolve your case
- Fiercely defend you against domestic violence charges in court
You deserve the best possible defense. Our attorneys are committed to providing you with an effective defense. We will fight for your rights every step of the way.
Contact our criminal defense law firm in Rhode Island today for a free case evaluation.
How Does Rhode Island Define Domestic Violence?
Domestic violence is any offense committed against a household or family member that causes or could cause them harm. The Rhode Island Domestic Violence Prevention Act defense household and family members as:
- Spouses and former spouses
- Adults currently or previously residing in the same household in the past three years
- Adults related by marriage or blood
- Persons who share a child together
- Intimate partners
- People who are or have been engaged in a significant relationship (dating or engagement) within the past year based on the length of the relationship, the type of relationship, and the frequency of interaction
Domestic violence is not just one crime. It encompasses any criminal offense committed against one of the above parties. That means you can be charged with domestic violence in addition to another criminal offense when the victim is one of the above individuals.
Common Domestic Violence Charges in Providence, RI
Every crime committed between people in a domestic relationship can qualify as domestic violence. Examples of offenses that qualify as domestic violence include, but are not limited to:
- Simple assault
- Homicide
- Stalking
- Sexual assault
- Disorderly conduct
- Kidnapping
- Felony assaults
- Arson
- Burglary and unlawful entry
- Domestic assault by strangulation
- Kidnapping
- Cyberstalking and cyberharassment
- Violating a no-contact order
- Trespassing
- Failure to relinquish a telephone
- Vandalism
Police officers and prosecutors can charge you with a violation of the Domestic Violation Prevention Act, which can add penalties if you are convicted.
When Can Officers Arrest Someone for Domestic Violence in Rhode Island?
Police officers do not need an arrest warrant to arrest you within 24 hours of the alleged incident under the Domestic Violence Prevention Act. A police officer can arrest you for a domestic violence offense if you are accused of:
- Engaging in conduct that was intended to cause harm
- Committing a felonious assault
- Violating a protective or no-contact order
- The victim sustained an injury, even if it is not visible to the officer
If the officer has probable cause to believe a crime has occurred, they can take you into custody. A police officer will take you into custody if they believe you are the primary aggressor in a domestic violence situation.
From there, the prosecutor decides whether to bring charges and does not need the alleged victim’s consent, cooperation, or request to file charges.
What Are the Penalties for Domestic Violence in Providence, RI?
If you are convicted of domestic violence, you could face numerous criminal penalties, including but not limited to:
- Mandatory jail time
- No contact orders
- Probation
- Court-ordered counseling
- Loss of the right to possess a firearm
- Immigration consequences
- Fines
There are also collateral consequences for a domestic violence conviction. You could lose your job, housing, and college loans. Your reputation may be damaged, resulting in other losses and consequences.
The exact penalties for domestic violence depend on the underlying crime committed. The statute for the specific offense provides the criminal penalties for a conviction.
For example, simple assault could result in up to a year in jail and a fine of $1,000. However, if you are convicted of domestic violence for kidnapping, you could spend up to life in prison.
It is crucial that you consult with an experienced Providence criminal defense attorney as soon as possible. Depending on the domestic violence charge against you, you could face decades in prison.
Are There Defenses to Providence Domestic Violence Charges?
There are several defenses to domestic violence charges in Rhode Island. Defenses that we explore include, but are not limited to:
- Self-defense
- False allegations of domestic violence
- Insufficient evidence proving guilt
- No domestic relationship existed
- The police officers violated your civil rights
- The alleged acts never occurred
Our Providence domestic violence lawyers have successfully defended these cases. We understand what the prosecution must prove for each underlying criminal charge. Our defense may include attacking the state’s evidence to create reasonable doubt.
What Should I Do if I Am Charged With Domestic Violence in Rhode Island?
Arguing with the police officer will do you no good in a domestic violence situation. Officers tend to believe the victim in these situations and err on the side of caution.
Therefore, nothing you say will likely convince the officer not to arrest you. Instead, what you say to the officer could make it more difficult to defend yourself in court. Therefore, invoke your right to remain silent and stop talking.
Do not attempt to contact the alleged victim or their family members. You might believe you can “work it out” by talking to the victim. However, you could make things much worse and face additional criminal charges.
Instead, contact our Providence criminal defense lawyers immediately. We’ll help you determine the best way to deal with the charges against you.
What Is a Domestic No Contact Order?
The court may issue a Domestic No Contact Order if you are charged with domestic violence. The order makes it illegal for you to contact the alleged victim by any means.
Therefore, you cannot call, text, email, or make personal contact with the victim. The order also includes contacting the victim through social media or other online methods. You cannot try to contact the victim through a third party.
You may face additional criminal charges if you violate a no-contact order. Depending on the situation, you may also violate bail, which could result in sitting in jail until your case is resolved.
Can a Victim Drop Domestic Violence Charges in Rhode Island?
The victim does not pursue criminal charges. The choice to file charges is solely within the prosecutor’s discretion. The victim can ask the prosecutor to drop the charges, but the prosecutor can proceed without the victim’s consent.
If the prosecutor believes they have enough evidence to convict you, they may continue without the victim’s cooperation. The prosecutor could have the victim subpoenaed to testify at trial. If the victim refuses, the judge could hold them in contempt of court.
The exception would be if the victim’s testimony could incriminate them. For example, suppose the victim also committed acts of domestic violence during an argument. They could refuse to testify because they might incriminate themselves.
Schedule a Free Consultation With Our Providence Domestic Violence Lawyers
If you’ve been charged with domestic violence in Rhode Island, contact our experienced Providence domestic violence attorneys for a free case review. During our meeting, you’ll learn what you could face if you are convicted and how we can help you fight your charges. Our experienced legal team at Manosh Payette, LLC is ready to fight for you every step of the way.
Providence Domestic Violence Lawyer Review
