Facts: Client was accused of beating up her boyfriend. Boyfriend was cooperative with the police and gave a witness statement.

Results: Dismissed.

Rhode Island takes domestic violence and assault charges seriously, recognizing their devastating impact on individuals and families. It is essential to understand the laws surrounding these offenses. Domestic violence refers to abusive behavior perpetrated by one family or household member against another, while assault involves intentionally causing harm or the apprehension of harm.

Under Rhode Island law, domestic violence and assault charges may include physical violence, emotional abuse, sexual assault, stalking, harassment, or other actions that cause fear or harm to an intimate partner, family member, or household member.

Are you facing a domestic violence charge? Call the Law Office of Jason Knight today at (401) 354-2255 or contact us online to schedule a meeting with our domestic violence attorney in Rhode Island!

The Importance of Hiring a Rhode Island Domestic Violence Lawyer 

Hiring a Rhode Island domestic violence lawyer is paramount when facing domestic violence allegations or charges. Here are key reasons why it is crucial to seek legal representation in such cases:

• Legal Expertise: Domestic violence laws are intricate and vary from state to state. A domestic violence lawyer specializing in Rhode Island law possesses in-depth knowledge of the relevant statutes, legal precedents, and court procedures. They can interpret the law accurately as it applies to your case, ensuring you understand your rights and legal options.
• Protection of Rights: One of the fundamental roles of a domestic violence lawyer is to safeguard your rights. They will ensure that you are treated fairly throughout the legal process and that your constitutional rights, such as the right to due process, the right against self-incrimination, and the right to legal representation, are upheld. They will diligently advocate on your behalf and challenge any rights violations.
• Strategic Defense: A skilled domestic violence lawyer will assess the specific details of your case, gather evidence, interview witnesses, and develop a robust defense strategy tailored to your situation. They will identify the strengths and weaknesses of the prosecution’s case and leverage their expertise to build a strong defense on your behalf. This strategic approach increases your chances of obtaining a favorable outcome, such as a reduced sentence or dismissal of charges.
• Knowledge of the Legal System: Navigating the legal system can be complex and overwhelming, especially for individuals without legal training. A domestic violence lawyer has extensive knowledge and experience handling domestic violence cases within the Rhode Island legal system. They understand the procedural requirements, court processes, and deadlines involved. This knowledge allows them to guide you effectively through each stage of the legal proceedings, ensuring you meet all necessary obligations and deadlines.
• Negotiation and Advocacy: In many domestic violence cases, negotiation with the prosecution is a critical aspect. A domestic violence lawyer will skillfully negotiate with the prosecutor on your behalf, striving to achieve the best possible outcome. They can explore alternatives to trial, such as plea bargains or diversion programs, that may result in reduced charges or penalties. Additionally, your lawyer will provide strong and persuasive advocacy in court if your case goes to trial.
• Emotional Support: Dealing with a domestic violence case can be emotionally distressing. A domestic violence lawyer not only provides legal guidance but can also offer emotional support throughout the process. They understand the sensitive nature of these cases and can provide reassurance, empathy, and guidance, helping you navigate the emotional challenges associated with legal proceedings.

Overall, hiring a Rhode Island domestic violence attorney is essential to ensure that your rights are protected, that you receive expert legal representation, and that you have the best possible chance of achieving a favorable outcome in your case.

Former Prosecutors as Defense Attorneys: A Winning Combination

A former prosecutor-turned-defense attorney brings a unique perspective and invaluable insight to domestic violence and assault cases. Jason Knight’s experience as a former prosecutor equips him with an in-depth understanding of how the prosecution builds a case, the strategies employed, and the weaknesses that can be exploited.

The Benefits of Hiring a Domestic Violence Lawyer Who Was a Former Prosecutor

Hiring a Rhode Island domestic violence attorney who was a former prosecutor can offer several advantages when facing a domestic violence case. Here are some potential benefits:

• Enhanced Case Evaluation: Former prosecutors can assess your case from the prosecution’s point of view. This enables them to identify potential flaws in the evidence, challenge the credibility of witnesses, and exploit any weaknesses in the prosecution’s arguments.
• Strong Negotiation Skills: Defense attorneys with prosecutorial experience understand how to negotiate effectively with opposing counsel and prosecutors. They can leverage their understanding of the prosecution’s goals and tactics to secure favorable plea deals or reduced charges, where appropriate.
• Courtroom Confidence: Former prosecutors, like Jason Knight, have honed their skills in presenting persuasive arguments through years of courtroom experience. They are adept at navigating legal proceedings, cross-examining witnesses, and presenting compelling evidence to bolster your defense.
• Comprehensive Legal Knowledge: Defense attorneys who were once prosecutors have an extensive understanding of Rhode Island’s domestic violence and assault laws. They stay updated on recent case precedents and legal developments, allowing them to provide the most up-to-date and effective defense strategies.

Contact the Law Office of Jason Knight today to schedule a FREE consultation with our domestic violence lawyer in Rhode Island!

Domestic criminal cases are crimes that involve people who are married, roommates, have children in common, and/or people in serious a dating relationship. Historically, the police tended to ignore these crimes because they were considered to be private matters between intimate adults. Because of that dynamic, many serious domestic crimes were not prosecuted.

At some point the Rhode Island General Assembly decided that these cases needed more attention and it created special rules and procedures for the police and the courts. Those rules affect how a Rhode Island criminal defense lawyer handles these charges.

The number one difference between a domestic charge and any other criminal charge is that the police are REQUIRED to arrest a person when they have probable cause to believe a domestic incident has occurred. In all other crimes the police have the discretion to decide when and how to make an arrest, or even to do it in the first place. But not in a domestic case. It does not matter how minor the crime is or whether or not the victim wants the defendant arrested, the police have no choice about making an arrest.

Another difference is that once the defendant has been arrested, the court will impose a no contact order between the parties. The judge will almost always impose a no contact order which will require the person charged to stay away from the alleged victim and even move out of their house if he or she lives with the victim. The order can create problems for the person charged in that they will often need to change their living situation for at least a few weeks if not a few months while the charge is adjudicated.

If the charged person makes contact with the victim while that no contact order is in place, more problems can arise. Any violation of the no contact order can be charged as a new crime and a bail violation. The bail violation could, and often does, land the defendant in jail for at least 10 days and up to 90. The contact doesn’t have to be in person; a single text message can trigger a charge.

Finally, if the case is disposed with a plea bargain or a finding of guilt after trial, the defendant will have to complete a batterers intervention class along with any other conditions such as probation. Even if the offense did not involve any violence (disorderly conduct, a no contact order violation, etc.) the defendant will have to take the classes which are lengthy and take many months to complete.

Because of these elements, domestic charges must be treated seriously. Any person charged with a domestic offense really should not go it alone. They need to hire an experienced Rhode Island based criminal defense lawyer.