(a) Every person who shall make an assault or battery, or both, upon the person of another,
with a dangerous weapon, or with acid or other dangerous substance, or by fire, or
an assault or battery that results in serious bodily injury shall be guilty of a felony
assault. If such assault results in serious bodily injury, it shall be punished by
imprisonment for not more than twenty (20) years. Every other felony assault which
results in bodily injury or no injury shall be punished by imprisonment for not more
than six (6) years.
(b) Where the provisions of “The Domestic Violence Prevention Act,” chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the
penalties as provided in § 12-29-5.
(c) “Serious bodily injury” means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function of any bodily part, member, or
organ;
(3) Causes serious permanent disfigurement or circumcises, excises, or infibulates the
whole or any part of the labia majora or labia minora or clitoris of a person; or
(4) Results in the termination of a pregnancy where the person making the assault or battery
is someone other than the pregnant person and knows or has reason to know that the
person upon whom the assault or battery is made is pregnant.
(d) This section shall not apply to acts committed by:
(1) Any person relating to the performance of an abortion pursuant to chapter 4.13 of title 23, the Reproductive Privacy Act, for which the consent of the pregnant person, or a
person authorized by law on her behalf, has been obtained or for which such consent
is implied by law; or
(2) Any person for any medical treatment of the pregnant person or the fetus.
(e) “Bodily injury” means physical injury that causes physical pain, illness, or any impairment
of physical condition.
Notes of Decisions
Cited in
133
cases (
7 in the last 5 years), 1967–2024 · leading case:
State v. Clark, 974 A.2d 558 (R.I. 2009).
State v. Clark, 974 A.2d 558 (R.I. 2009).
· cites it 34× “I Serious Permanent Disfigurement The defendant contends that the evidence in this case was insufficient to sustain his conviction for felony assault as set forth in G.L.1956 § 11-5-2. Specifically, he contends that the injuries inflicted upon Skwirz did not amount to a "serious…”
United States v. Sabetta, 221 F. Supp. 3d 210 (D.R.I. 2016).
· cites it 14× “” Subsection (a) of the statute states: “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 which results in serious bodily injury, shall be punished by imprisonment…”
State v. Enos, 21 A.3d 326 (R.I. 2011).
· cites it 16× “On December 8, 2008, James Enos was charged by information in the Superior Court for Washington County with one count of assault with a dangerous weapon, namely a drinking glass, in violation of G.L.1956 § 11-5-2 and G.L.1956 § 12-29-5.”
United States v. Weems, 896 F.3d 104 (1st Cir. 2018).
· cites it 6× “In deciding whether, post- Johnson II , the Defendants' convictions under R.I. Gen. Laws § 11-5-2 continued to constitute convictions for "violent felonies," the district court recognized that its inquiry was limited to "the fact of conviction and the statutory definition of the…”
State v. Jose Lopez, 129 A.3d 77 (R.I. 2016).
· cites it 6× “He was fonnd guilty of the following counts: Count One, assault with a dangerous weapon on Jorge Semidey, in violation of G.L.1956 § 11-5-2; Count Two, assault with a dangerous weapon against Maribel Bonet-Perez, in violation of § 11-5-2; Count Three, carrying a pistol without a…”
State v. Boillard, 789 A.2d 881 (R.I. 2002).
· cites it 6× “4, and one count of assaulting Henry with a dangerous weapon, in violation of G.L.1956 § 11-5-2. Each of the incidents underlying the indictment took place between 1987 and 1992.”
State v. Scanlon, 982 A.2d 1268 (R.I. 2009).
· cites it 6× “Count 5 charged Timothy Scanlon with assaulting Janet with a dangerous weapon in violation of G.L. 1956 § 11-5-2. Count 6 alleged that Timothy Scanlon committed an assault and battery on Janet that resulted in serious bodily injury, also in violation of § 11-5-2.”
State v. Leron Porter, 179 A.3d 1218 (R.I. 2018).
· cites it 7× “1956 § 11-47-5 ; and assault upon Ashley Tallo with a dangerous weapon, to wit, a firearm, in violation of G.L. 1956 § 11-5-2 (count six). 6 When the case was reached for trial, the pretrial motions and jury selection were conducted by a justice of the Superior Court, but a…”
State v. Bolarinho, 850 A.2d 907 (R.I. 2004).
· cites it 6× “This case came before the Supreme Court for oral argument on March 2, 2004, on the appeal of the defendant, Norberto Bolarinho (Bolarinho or defendant), from a Superior Court judgment of conviction for assault resulting in serious bodily injury and assault by means of a…”
State v. Willie Washington, 189 A.3d 43 (R.I. 2018).
· cites it 4× “2(b)(2); count 3, possession of a firearm with a previous federal court conviction in violation of § 11-47-5; and count 4, assault with a dangerous weapon in violation of G.L. 1956 § 11-5-2. Thereafter, defendant was sentenced to a total of sixty years to serve, with twenty…”
State v. Juan Soler, 140 A.3d 755 (R.I. 2016).
· cites it 5× “7 7 The defendant also argues that the trial justice erred as a matter of law by focusing only on the battery part of § 11-5-2—the felony assault statute—when there was sufficient evidence on the record that defendant committed assault against Paula, and that the trial justice’s…”
State v. Caba, 887 A.2d 370 (R.I. 2005).
· cites it 4× “Discussion The first count of the criminal information charged defendant with assault with a dangerous weapon in violation of G.L.1956 § 11-5-2. To succeed on such a charge, the state must prove three conjunctive elements: “[1] any unlawful offer to do corporal injury to…”
— R.I. Gen. Laws § 11-5-2(a) — 9 cases
United States v. Weems, 896 F.3d 104 (1st Cir. 2018).
“In deciding whether, post- Johnson II , the Defendants' convictions under R.I. Gen. Laws § 11-5-2 continued to constitute convictions for "violent felonies," the district court recognized that its inquiry was limited to "the fact of conviction and the statutory definition of the…”
State v. Clark, 974 A.2d 558 (R.I. 2009).
“I Serious Permanent Disfigurement The defendant contends that the evidence in this case was insufficient to sustain his conviction for felony assault as set forth in G.L.1956 § 11-5-2. Specifically, he contends that the injuries inflicted upon Skwirz did not amount to a "serious…”
United States v. Sabetta, 221 F. Supp. 3d 210 (D.R.I. 2016).
“” Subsection (a) of the statute states: “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 which results in serious bodily injury, shall be punished by imprisonment…”
State v. Enos, 21 A.3d 326 (R.I. 2011).
“On December 8, 2008, James Enos was charged by information in the Superior Court for Washington County with one count of assault with a dangerous weapon, namely a drinking glass, in violation of G.L.1956 § 11-5-2 and G.L.1956 § 12-29-5.”
State v. Juan Soler, 140 A.3d 755 (R.I. 2016).
“7 7 The defendant also argues that the trial justice erred as a matter of law by focusing only on the battery part of § 11-5-2—the felony assault statute—when there was sufficient evidence on the record that defendant committed assault against Paula, and that the trial justice’s…”
— R.I. Gen. Laws § 11-5-2(b) — 1 case
State v. Enos, 21 A.3d 326 (R.I. 2011).
“On December 8, 2008, James Enos was charged by information in the Superior Court for Washington County with one count of assault with a dangerous weapon, namely a drinking glass, in violation of G.L.1956 § 11-5-2 and G.L.1956 § 12-29-5.”
— R.I. Gen. Laws § 11-5-2(c) — 2 cases
State v. Clark, 974 A.2d 558 (R.I. 2009).
“I Serious Permanent Disfigurement The defendant contends that the evidence in this case was insufficient to sustain his conviction for felony assault as set forth in G.L.1956 § 11-5-2. Specifically, he contends that the injuries inflicted upon Skwirz did not amount to a "serious…”
— R.I. Gen. Laws § 11-5-2(c)(1) — 1 case
State v. Clark, 974 A.2d 558 (R.I. 2009).
“I Serious Permanent Disfigurement The defendant contends that the evidence in this case was insufficient to sustain his conviction for felony assault as set forth in G.L.1956 § 11-5-2. Specifically, he contends that the injuries inflicted upon Skwirz did not amount to a "serious…”
— R.I. Gen. Laws § 11-5-2(c)(2) — 1 case
State v. Clark, 974 A.2d 558 (R.I. 2009).
“I Serious Permanent Disfigurement The defendant contends that the evidence in this case was insufficient to sustain his conviction for felony assault as set forth in G.L.1956 § 11-5-2. Specifically, he contends that the injuries inflicted upon Skwirz did not amount to a "serious…”
— R.I. Gen. Laws § 11-5-2(c)(3) — 2 cases
State v. Clark, 974 A.2d 558 (R.I. 2009).
“I Serious Permanent Disfigurement The defendant contends that the evidence in this case was insufficient to sustain his conviction for felony assault as set forth in G.L.1956 § 11-5-2. Specifically, he contends that the injuries inflicted upon Skwirz did not amount to a "serious…”
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treatment. Dots show Syfertize treatment of the citing case itself.