In Rhode Island, the government recognizes certain types of assault on persons over the age of 60 to merit their own category under the law. As such, there are four types of assault on the books specifically detailing conduct that is criminal, in part, because the victim has reached the age of 60.
Assault on Persons 60 Years of Age or Older Causing Bodily Injury
When someone commits assault and battery on a victim 60 years of age or older, and the person sustains injury, this conduct is a felony. It is punishable by up to five years in prison and a fine of up to $1,000. (For a discussion on assault and battery in Rhode Island, please see our previous post on this topic.)
Assault on Persons 60 Years of Age or Older By a Caretaker Causing Bodily Injury
Assault on a person 60 or over is considered more serious if the assault is committed by a caretaker of the victim. Rhode Island law defines caretaker as someone who, at the time of the assault and battery, was “responsible for the care and treatment of the victim.” This felony is punishable by up to five years in prison, as well as a fine of up to $2500.
Assault on Persons 60 Years of Age or Older Causing Serious Bodily Injury
“Serious bodily injury” is, as one might imagine, more serious than simple “bodily injury.” The law defines serious bodily injury as any injury that:
- Creates a substantial risk of death
- Causes protracted loss or impairment of the function of any bodily part, member or organ or
- Causes serious disfigurement.
Anyone who commits assault, battery, or both on someone 60 years of age or older, which causes serious bodily injury, is guilty of a felony. The consequence for a conviction for this crime is imprisonment for not less than three years, nor more than 20 years. The fine can be up to $10,000. Additionally, people convicted of this crime are subject to either:
- restitution to the victim
- up to 500 hours of public community restitution work
- violence counseling and/or
- substance abuse counseling.
The court may order any or all of these consequences. However, the court must order either restitution or public community restitution work.
Assault on Persons 60 Years of Age or Older By a Caretaker Causing Serious Bodily Injury
When a person who is a caretaker commits an assault, a battery, or both, on their charge, they are guilty of a felony. This crime is punishable by not less than two years nor more than 20 years in prison, as well as a fine of up to 10,000.
Charged with an Assault Crime?
An assault conviction can have serious consequences. If you are charged with an assault crime, you need an experienced lawyer on your side. Contact The Law Offices of Kensley R. Barrett, Esq. today to discuss your case. We offer consultations in criminal cases at no charge.