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Assaults on Persons over 60

Posted by Ken Barrett | Apr 30, 2019 | 0 Comments

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 Three Ways

Posted by Ken Barrett | Apr 30, 2019 | 0 Comments

In Rhode Island, there are more than two dozen ways one can commit an assault under the criminal code. Below we discuss some of the more common assault offenses. For an introduction to assault and battery, please see our previous blog post on the subject. Domestic Abuse by Strangulation Domesti...

Collateral Consequences of a Criminal Conviction

Posted by Ken Barrett | Aug 13, 2018 | 0 Comments

When someone is convicted of a crime, there are direct consequences, which can include a fine, probation, jail time, or prison time. In many cases, a combination of these consequences is imposed by the court. But these are the only consequences one might face as the result of a criminal ...

Perjury in Rhode Island: What You Need to Know

Posted by Ken Barrett | Jul 31, 2018 | 0 Comments

Perjury is a criminal offense in Rhode Island, and understanding what constitutes perjury is important for anyone who is about to testify. Making a mistake while testifying in front of a judge can lead to criminal charges. In Rhode Island, perjury is governed by Statute § 11 – 33 – 1. In Rhode I...

Keep it Down! Understanding Rhode Island's Noise Laws

Posted by Ken Barrett | Jul 27, 2018 | 0 Comments

Rhode Island has a law prohibiting “unreasonable noise levels.” Rhode Island's law prohibits “unreasonable, excessive and annoying noise levels.” What sounds are “annoying” may arguably be in the ears of the beholder. However, the law provides some guidance as to what qualifies as illegal noise. ...

First-Degree Premeditated Murder in Rhode Island

Posted by Ken Barrett | Jul 26, 2018 | 0 Comments

In the state of Rhode Island, there are several different types of conduct that constitute first-degree murder. One of these, felony murder, has been previously discussed in our blog. Another type of first-degree murder is known as "premeditated murder." The Elements of First Degree Premeditated...

Understanding the Consequences of Criminal Charges

Posted by Ken Barrett | Jul 16, 2018 | 0 Comments

When someone is charged with a crime in the state of Rhode Island, the consequences one might face vary with the severity of the charges. Under Rhode Island Statute § 11 – 1 -2, there are four different types of charges one might face in criminal law. These include the following: Felonies, Mi...

Entrapment as a Defense

Posted by Ken Barrett | Jun 30, 2018 | 0 Comments

Entrapment is one of the most frequently misunderstood defenses to criminal charges. We break it down here in a general sense. Required Precursors to an Entrapment Charge In entrapment defense claims, the government must first show the defendant committed the crime. If the government can't prov...

The Right to be Free from Unreasonable Search and Seizure

Posted by Ken Barrett | Jun 27, 2018 | 0 Comments

The Fourth Amendment of the United States Constitution, as well as Article I, Section 6 of the Rhode Island Constitution, offers people certain privacy guarantees. While some of the words are slightly different, the intent of both amendments is the same. Rhode Island's version states: The right ...

Arson in Rhode Island

Posted by Ken Barrett | Jun 13, 2018 | 0 Comments

In the State of Rhode Island, arson is charged by degree, with first-degree arson being most serious, and seventh-degree arson being the least serious arson offense. Understanding the conduct and the charges that may arise out of such conduct may prevent someone from being charged with a crime. I...

Preparing for Court

Posted by Ken Barrett | May 31, 2018 | 0 Comments

If you're facing criminal charges, you will be making one or more court appearances. Showing up on time and on the right date is very important. Missing a court appearance can even result in a bench warrant issued for your arrest, even if you have a good reason for being late. Here are a few sugg...

Understanding Theft by False Pretenses in Rhode Island

Posted by Ken Barrett | May 25, 2018 | 0 Comments

Rhode Island has a particularly confusing statute governing theft by false pretenses. It states: Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall pers...

Understanding Criminal Trials

Posted by Ken Barrett | May 21, 2018 | 0 Comments

A criminal trial is a mystery to most people. Criminal cases, like civil cases, settle more than 90 percent of the time, so even people who have had one or more criminal charges may never have seen a criminal trial. Criminal trials proceed in a certain order, as discussed below. Selecting a Jury...

Felony Murder

Posted by Ken Barrett | May 17, 2018 | 0 Comments

When someone causes the death of another human being, there are several different types of crimes one may be charged with. Different circumstances surrounding a death can dictate charges as serious as first-degree murder or something less serious, such as second-degree murder or manslaughter. One...

Why You Should Consider Fighting a Traffic Ticket

Posted by Ken Barrett | May 16, 2018 | 0 Comments

If you receive a traffic ticket in Rhode Island, you may think just paying the ticket is the easiest thing to do. While paying the ticket may take the least amount of time, this does not necessarily mean paying the ticket is in your best interests. Paying the Ticket Constitutes a Guilty Plea Ma...

Constitutional Challenges to Criminal Charges

Posted by Ken Barrett | May 01, 2018 | 0 Comments

You dont have to watch too many courtroom dramas to hear about a case being dismissed “on a technicality.” But what does that really mean? Typically, the “technicality” being referred to is the United States Constitution, as well as the states Constitution. The Constitution guarantees certain r...

DUI and Physical Control in the State of Rhode Island

Posted by Ken Barrett | Apr 30, 2018 | 0 Comments

In Rhode Island, state law defines driving under the influence (DUI) as driving a motor vehicle with a BAC of 0.08% or higher. If the driver is under the age of 21, the driver can be charged with a DUI with a BAC 0.02% or greater. A commercial driver can be charged with a DUI with a BAC 0.04% or ...

Penalties for Robbery in Rhode Island

Posted by Ken Barrett | Apr 19, 2018 | 0 Comments

The penalty for robbery depends on the facts of the case. The more serious robbery punishment is for robberies where one of the following has occurred: The robbery was accomplished by use of a dangerous weapon; The victim of the robbery was injured; The victim of the robbery was severely imp...

Frequently Asked Questions about Probation in Rhode Island

Posted by Ken Barrett | Apr 14, 2018 | 0 Comments

Are there certain rules everyone has to follow while on probation in Rhode Island? Yes. If you are placed on probation in Rhode Island, the judge will order you to follow the general conditions of probation. Failure to follow the judges orders may result in a probation violation. Parole rules m...

Diversion in Rhode Island

Posted by Ken Barrett | Mar 30, 2018 | 0 Comments

Often times people who find themselves in the criminal justice system have just made a mistake they wish they could undo. The fear of consequences--including jail time and lengthy probation--can be paralyzing. In certain cases, diversion may be an option. Quite literally, Rhode Islands diversion...

Understanding Assault Charges

Posted by Ken Barrett | Mar 29, 2018 | 0 Comments

In Rhode Island, felony assault is a crime under Rhode Island Statute § 11 – 5 – 2. The statute reads, in part, “Every person who shall make an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery that results in ser...

Understanding Statutory Rape in Rhode Island

Posted by Ken Barrett | Mar 28, 2018 | 0 Comments

“Statutory rape” is a term that refers to sexual criminal conduct involving what on the surface appears to be consensual sex. In other words, while the word “rape” suggests a lack of consent, in statutory rape there is a presumption the sex, on its face, may have been accompanied by an agreement ...

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Kensley Barrett

Our law firm was founded on the belief that working with us is more than just hiring a lawyer. Working with us will bring you peace of mind and also allow you to continue with your regular life while we attend to your legal matters. Our vast experience means that it allows us to excel in both aggressively representing your interests and generating the best possible result for you.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should consult with an attorney for legal advice with regard to your situation. You may contact our law firm at your convenience for a free and confidential consultation to discuss your case. Reviewing the information contained on this web site and/or contacting us does not create an attorney-client relationship. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.