Sexual Assault in Rhode Island

Sexual Assault in Rhode Island

Sexual Assault is a broad term used to describe a series of sex-related crimes which vary in severity as well as consequences. It is a crime that can happen anywhere, to anyone, and everyone should know what to do in the event they have been sexually assaulted. Sex crimes are among the most serious offenses, and often carry extremely severe sentences for both the victim and the offender. If you or anyone you know has recently been the victim of a sexual assault it is very important that they reach a safe area where medical treatment can be given and authorities can be alerted.

As with most violent crimes, there are degrees of sexual assault each with a corresponding penalty.

Degrees of sexual assault

The crime and penalty for sexual assault is defined by each individual state for which the crime occurs. Like most states, Rhode Island has broken it down into the following categories.

First degree sexual assault:

Any forced or coerced, penetration of the vagina, anus, or mouth by any part of the body or foreign object. If convicted, you may face anywhere from 10 years, to life in prison.

Second degree sexual assault:

Any kind of sexual contact that involves force or coercion, or is perpetrated on any victim that is deemed physically or mentally helpless, but does not involve penetration. If convicted, you may face anywhere from 3 to 15 years imprisonment.

Third degree sexual assault (Statutory Rape):

Any kind of sexual contact with a victim between the ages of 14 and 16, even without coercion or force, and involves penetration. If convicted you may face up to 5 years in prison.

First degree child molestation:

Any kind of sexual penetration involving a victim under the age of 14. If convicted you may face a minimum of 25 years, or a maximum of life in prison.

Second degree child molestation:

Any type of sexual contact with a victim under age of 14 but does not involve penetration. If convicted you may face a minimum of 6 years, and a maximum of 30 years in prison.

Failing to report sexual abuse:

Although it is not commonly known, it is a crime to withhold information regarding sexual abuse. If you or anyone you know is being, or has been sexually abused, you must report the crime to the authorities immediately. Failure to do so may result in a $500 fine and up to one year imprisonment.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Deferred Sentence Expungements in RI Client Testimonial

Expungement Testimonial for John MacDonald

“I took a 5 year deferred sentence back in 2005. In 2010 I thought my record was expunged as I was previously told it would be after the 5 years only to find out the RI court system had changed its ruling and I was potentially facing, having a record for the following 15 years. I spent the next 2 years trying to get my record expunged to no avail.

It was only when I came into contact with John Macdonald that things started to get better. I hired John and it was about as easy a process as I could imagine. It took about 3 months in total as he had told me and I didn’t even end up having to make a court appearance. I received a telephone call one afternoon only to hear Mr. Macdonald tell me that my record had been expunged.

It was probably the best phone call I think I’ve ever received. The process was quick and easy and almost exactly the way he had stated it was going to be.

Thank you John Macdonald for getting my life back on track!”- Matthew H.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Stalking in Rhode Island

Stalking in Rhode Island

If you have recently been charged with criminal stalking in the state of Rhode Island, its important to know that it can be difficult to defend against such charges in a court of law. The reason stalking cases can be challenging is because evidence typically consists of little more than witness testimony, and lacks any physical evidence to corroborate a story. Despite a lack of hard evidence, the act of stalking conjures strong feelings in most individuals, and a simple accusation can be enough to land a conviction.

What is Stalking?

The state of Rhode Island defines stalking as unwanted harassing, contacting, or meddling with another individual against their will. Stalking often consists of obsessive behaviors such as unwanted: 

• Following 
• Waiting 
• Calling 
• Emailing 
• Leaving written notes 
• Text Messaging 
• Leaving objects 
• Video Voyeurism

While most of these behaviors are common in any social environment, it is important to realize that they may be misunderstood or frightening to another individual, and in certain cases what may begin as innocent intentions, end with criminal charges. The penalties for a stalking conviction can be very serious, and it is important that you contact a criminal defense lawyer immediately.

If someone is stalking you.

If you or anyone you know are concerned that someone may be stalking you, it is imperative that you dial 911 and contact the authorities immediately. It is also important that you do not tamper with or destroy any evidence by cleaning, discarding, deleting or modifying it in any way until instructed to do so by the authorities.

Stalking convictions in Rhode Island

First offenders convicted of stalking in Rhode Island will be charged with a misdemeanor, pay fines not exceeding $500 and possible imprisonment not exceeding one year. Second offenders will be charged with a felony, including up to two years imprisonment and up to $6,000 in fines.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Sexual Assault Convictions

Sexual Assault Convictions

While nearly all crimes may result in a mark on your record, being convicted of a sexual offense may come with particularly grievous consequences which may remain for the rest of your life.
 
Sex crimes are among the most serious offenses and carry mandatory sentences in many states. Sex crimes may not always include rape, and or molestation, however serious consequences may result even from careless verbal or written communication, or physical contact.
 
The definition of sexual assault may vary from state to state, but the term covers a series of universal offenses, and generally includes any assault of a sexual nature, such as touching or groping another individual without consent.

Sadly, one of the most common forms of sexual assault is perpetrated against children in the form of child molestation. Other forms of sexual assault include rape, incest, obscene phone calls or even unwanted online chat messages.

The key to defining sexual assault is the absence of consent.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Child Molestation in RI

Rhode Island Child Molestation

It is a most unfortunate reality that there are an average of 150-300 cases of child-molestation reported in the state of Rhode Island each year. Child Molestation falls under the category of Child Abuse, which is defined as endangering the physical or mental health of a child via excessive, or harmful punishment, sexual exploitation, neglect, or abandonment.

If you or anyone you know have information regarding the possible abuse of a child in the state of Rhode Island, you are legally required to immediately contact The Department for Children, Youth and Families (DCYF) at (401) 528-3502.

Accusations and Convictions

Due to the seriousness of child abuse crimes, penalties in most states are severe, and even being implicated or accused of child molestation is enough to drastically change your life forever, even if you are completely innocent. A child abuse or child molestation charge on your record will undoubtedly affect your chances of gaining employment, especially if you intend to work around children, or as a public official.

What constitutes Child Molestation?

Child molestation has many forms, most typically of which include direct sexual contact such as touching, rubbing, or groping in a lewd or lascivious manner. However there are many more forms of child molestation that often accompany the most common forms of abuse. Some of these forms of sexual child abuse include:

・ Indecent verbal contact

・ Indecent written contact such as texts, emails, or letters

・ Video taping a child in a lewd or lascivious manner

・ Photographing a child in a lewd or lascivious manner

・ Using a child for financial gain via prostitution

Penalties for Child Molestation

The state of Rhode Island does not treat the crime of child abuse or child molestation lightly, and has mandated severe punishments for those convicted of the crime. First degree child molestation convictions carry a minimum of 6 years in prison, and a maximum of 30 years. Second degree child molestation convictions carry a minimum of 25 years in prison, and a maximum of life. Indecent soliciting of a child will result in a minimum of 5 years imprisonment.

Have you or your loved ones been accused of Child Molestation?

Because of the dangers involved with being accused of child molestation, you can not afford to waste precious time that can be used to build your defense. There are many individuals that are falsely accused every year, and are in some cases; wrongly convicted. Regardless of whether or not you are guilty, everyone deserves a legal defense.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Deferred Sentence Expungement Case Result

Attorney John MacDonald - Expungement Testimonial 

March 2012:

Client received a deferred sentence 7 years ago. He tried to expunge it but was told that that he must wait an additional ten years. 

Attorney MacDonald was retained to file post-conviction relief and vacate the plea. 

A post conviction relief petition was filed and after hearing, plea is vacated, charge dismissed and the matter sealed from his criminal history.

Client now has the clean criminal history he was promised when he agreed to the deferred sentence.

If you received a deferred sentence prior to 2011, contact Attorney MacDonald to explore your options.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Post-Conviction Relief Process

Post- Conviction Relief in Rhode Island

Post-conviction relief is a process by which an individual that has been convicted of a crime may request that their conviction or sentence be modified or removed. It may include a new trial, a decrease in sentence or prison term, and even release from prison.

Post-conviction relief proceedings were intended to act as a partial replacement for habeas corpus, in which a court of law reviews a convict's claims that his/her constitutional rights were violated. Often the convicted may refer to a law or court ruling which enables an appeal to a previous conviction which would normally be finalized in the appellate review process. The post-conviction relief process is governed by varying state and federal laws.

Occasionally, severe collateral consequences can occur from a conviction, or to being entered into a guilty or nolo plea, such as being deported or even classified as a sex offender. These kinds of consequences can be devastating for anyone, especially for those in the teaching, medical, and even legal professions.

The process of entering into post-conviction relief entails submitting an application to the Superior Court. It will also involve a hearing where the defendant may call witnesses to testify, and attempt to present any legal arguments made to the Court.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.