Knowledgeable Domestic Violence Defense Attorney in Cranston, Rhode Island

Rhode Island - Warwick DUI Lawyer

If you or a loved one has been arrested for a domestic violence crime in Cranston, Rhode Island, call the aggressive Cranston Domestic Violence Lawyers at Abilheira Law today!

Cranston RI Domestic Violence Attorney

Cranston is the third largest city in Rhode Island and like most cities, it has a large police force zealous to arrest for domestic violence crimes.  Whether you live in the Elmwood Avenue, Oaklawn Avenue, Cranston Street, or Broad Street neighborhoods, you could find yourself on the wrong end of a domestic violence accusation.

Mandatory Arrests in Domestic Violence Crimes in Rhode Island

When a Cranston police officer responds to a domestic disturbance, they are required to make an arrest under Rhode Island General Laws 12-29-3 if they believe a crime has been committed.  This requires Cranston officers to make a judgment call: who was the alleged perpetrator of the crime and who the alleged victim was.   Even when one or more family members are involved in the alleged altercation, the officer will need to determine who the primary aggressor was.  Often times they make the wrong call. Don’t be on the wrong side of a Cranston RI domestic violence arrest.  Call the experienced Cranston domestic violence lawyers at Abilheira Law today and let your attorneys conduct the investigation the police didn’t!

Commonly Charged Domestic Violence Crimes in Cranston, Rhode Island

Cranston police officers commonly pursue and prosecute the following domestic violence crimes:

If you have been charged with one of the above domestic violence offenses, do not fight the prosecutor alone.  Get the aggressive Domestic Violence Lawyers at Abilheira Law on your side today.

Prosecution of Domestic Violence Crimes in Rhode Island

If you have been arrested for a domestic violence misdemeanor in Cranston, your case will be prosecuted by the Cranston City Solicitor in the Kent County District Court located at 222 Quaker Lane in Warwick, Rhode Island.

If you have been arrested for a domestic violence felony in Cranston, your case will be prosecuted by the Attorney General in the Providence County Superior Court located at 250 Benefit Street in Providence, Rhode Island.

Both City Solicitors and Attorney Generals are zealous in their prosecution of domestic violence crimes and will seek to impose harsh sentences on those they feel are guilty of crimes against family and household members.

Defenses to Domestic Violence Crimes in Rhode Island

The Rhode Island domestic violence attorneys at Abilheira Law fight these charges in court on a daily basis and can help craft a defense for your domestic violence accusation.  Some common domestic violence defenses include:

  • The lack of a “domestic” relationship as defined in Rhode Island General Laws 12-29-2(b)
    • Only certain relationships can lead to a domestic charge. These include:
      • Spouses and former spouses
      • Engaged couples
      • People in substantive “dating” relationships
      • People who have children together
      • People currently living together or who have lived together in the last 3 years
      • People related by blood or marriage
    • Self- defense
      • Our attorneys will challenge the police’s determination of who the “primary aggressor” was in a mutual combatant situation
    • Uncooperative victims
      • Did the victim not want to press charges in the first place?
      • Does the victim not want to move forward with charges now?
      • Was the victim equally at fault?
      • Does the victim have a Fifth Amendment privilege against self-incrimination which may prevent them from testifying?

Call our Cranston Domestic Violence lawyers today for a free consultation.  Our attorneys will evaluate your case and tailor a defense to your unique case and goals.  Don’t wait a minute longer to get Abilheira Law on your side, call now 401-245-5100.

Penalties for Domestic Violence Crimes in Cranston Rhode Island

A domestic violence accusation can seriously derail your personal life, career, education, reputation and freedom.  Anyone who is convicted of a domestic violence crime in Cranston, Rhode Island will face harsh penalties including possible jail time, fines and counseling.

First Offense Domestic Violence charge:

  • Misdemeanor (except for certain offenses)
  • Up to one year in jail

Second Offense Domestic Violence conviction:

  • Misdemeanor (except for certain offenses)
  • Minimumof 10 days in jail and a maximum of up to a year in prison

Third and Subsequent Domestic Violence conviction:

  • Felony
  • Minimumof 1-10 years in prison

Mandatory Domestic Violence Penalties:

  • Batterer’s Intervention Program
    • Required domestic violence counseling
    • 40 hours over 20 weeks
  • Increased domestic violence court costs and assessments
  • Loss of gun rights
  • No contact order

For more on domestic violence penalties in Rhode Island, click here.

Don’t accept these harsh penalties. Fight these charges with an experienced Cranston Rhode Island domestic violence attorney from Abilheira Law.  Our attorneys go head to head with Cranston prosecutors every day and know what it takes to beat these charges!

Immediate No Contact Orders

In Rhode Island, a no-contact order is issued immediately at the time of an arrest on a domestic violence charge, even if the “victim” does not wish to press charges or have a no-contact order.  No-contact orders prevent the alleged victim and criminal defendant from having any contact whatsoever: they can’t live together, see each other, have a telephone conversation, text each other, or even communicate via social media.

No-contact orders can make already tense situations worse- forcing family members out of their homes, unable to participate in counseling together, unable to co-parent children, and unable to work through any existing problems. Cranston police officers and prosecutors may be unwilling to recommend to a judge that the no-contact order be vacated, opening up defendants to long standing no-contact orders, which can ultimately result in bail violations, probation violations, and new criminal charges, even if the victim invites the contact.

Get a Cranston Domestic Violence Lawyer on your side today, who can help advocate for the termination of a no-contact order, so that your family can begin to heal after a domestic violence accusation! Call 401-245-5100 or contact Abilheira Law today!