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Newport Assault and Battery

Newport RI Criminal Defense Lawyer S. Joshua Macktaz, Esq.

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Client Testimonials

Josh is extremely skilled at what he does, and is a very approachable guy to work with. He is very experience in his work, and has excellent communication, customer service, and eager to help you in any way possible. His team also has very high urgency and customer service skills. I couldn't have imagined a better experience. If I were to ever find myself in need of any legal assistance again, this is the first person I'd call. He was the third or fourth individual I contacted in my search for legal advice, and the urgency, professionalism, good attitude, and incredible customer service of Josh & his colleagues were my deciding factor to go with him. Because I had him him to guide me through these dealings, I had an ironically very nice experience.

Em Lewis

15:42 26 Oct 18

I would recommend Josh Macktaz to anyone that needs help with a dui case ! He put my mind at ease after our first meeting and went over everything he was going to do for me and he did not let me down !!! I can't thank him enough for the outcome of my case and god forbid i ever needed him again he will be my first call ! I highly recommend Mr. Macktaz.

Guy Clausen 3rd

10:24 12 Oct 18

Attorney Macktaz showed excellent communication with me during the entire process. He was very transparent with everything he was doing and needed to get done. I highly reccommend using his services, especially in newport county matters.

aaron amaral

20:03 12 Sep 18

Being from out of state, never getting into any trouble in my life, and being completely terrified, not knowing anything about the judicial system or what was going to happen to me. I was lucky enough to have Josh recommended to me from a friend and I will forever be in debt to the both of them. From day one Josh thoroughly explained everything, reassured me, answered every email with every little question I had so promptly. I knew I was in the best, most capable hands I could be in. He makes you feel like you are his only client when I know just how busy he truly is. He went above and beyond for me, even saving me a trip to court because I am from out of state when he could. He knows the system, and the people within the system like the back of his hand. He is so thorough if there is a mistake that was made he will find it. That’s what he did for me. When I was sure my life was about to be turned upside down, he made something so nerve wracking as painless as possible. I could not have made a better decision by choosing him as my lawyer. I could never write enough good things about him, and I could never thank him enough for being so incredibly good at his job.

Lindsey Spencer

20:34 17 Nov 17

I highly recommend Joshua. He is very professional and explained everything in detail and my options in our first meeting. He did not raise unrealistic expectations and the end result was the "best case scenario" that he laid out for me in the initial consultation. I will be calling him again if I ever need help.

Tim Dawson

15:30 19 Sep 17

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Newport RI Criminal Defense Lawyer S. Joshua Macktaz, Esq.

Newport Assault and Battery Lawyer

Table of Contents

Assault

An assault is an intentional act that causes an apprehension or fear of imminent harmful or offensive contact based on a defendant’s present ability to do so. The defendant must have the apparent ability to commit the assault, even if he or she is not actually capable of causing an injury. An assault is committed even if the contact never occurs.

Intent

A defendant must intend to commit assault. Thus, a plaintiff must prove that the defendant intended either to cause the apprehension or fear of contact or to cause the actual contact itself. The plaintiff, however, is not required to show that the defendant had any feelings of ill will or malice towards the plaintiff. The defendant’s intent may also be transferred so that an intent to cause apprehension or contact upon one person actually causes another person to be placed in apprehension.

Examples of acts that constitute an assault include:

Swinging a fist at a person without hitting him or her
Holding a loaded or unloaded gun to a person’s head without firing
Throwing an object at one person that causes a nearby person to be placed in apprehension.

Examples of acts that do not constitute assault include telling a person that he or she will be harmed at a future date and sneaking up behind a person with a gun to his or her head and walking away before the person is aware that the actor had a gun.

Battery

A battery is an intentional physical contact with a person without his or her consent that results in bodily harm or is offensive to a reasonable sense of dignity. An act is a battery if it causes physical pain or injury to a person’s body. It may also be an act that is offensive to a reasonable person.

Ordinary bumping that occurs while walking through a crowd is generally not offensive to a reasonable person; however, intentionally pushing people in a crowd out of the way may be offensive to a reasonable person.

In addition, a defendant may be liable if he or she commits an act that would not be offensive to a reasonable person but that offends a sensitive plaintiff, whom the defendant knew to be a sensitive person. The defendant need not actually touch the plaintiff using his or her body; the contact may be caused indirectly. Also, the plaintiff need not be aware that the contact actually occurred, unlike the requirement in assault cases that the plaintiff must be aware and be placed in apprehension of a contact.

Intent

A defendant must intend to make contact with a plaintiff to constitute a battery. The defendant may be liable for a battery even if he or she did not intend to harm the plaintiff. The defendant may also be liable for a battery even if he or she intended only to commit an assault if he or she acts with such intent and accidentally causes the offensive contact. Examples of acts that constitute a battery include playing a joke on a person that involves offensive contact, performing surgery on the incorrect portion of a person’s body, throwing an object at a person, and poisoning a person’s drink. Examples of acts that do not constitute a battery include tapping a person on the shoulder to ask a question and touching a person as passengers board a crowded subway.

Assault and Battery

An assault and battery is the intentional touching of a person without an excuse. A battery almost always includes an assault. However, it may not include an assault. For example, if a defendant sneaks up behind a person and strikes him or her without the person’s prior knowledge that the contact was about to take place, there is no assault because the person was not placed in apprehension of the contact.

Damages

A plaintiff may recover monetary damages for an assault and battery, depending upon the type of injury. However, the plaintiff need not prove damages in order to hold a defendant liable for a battery. If the plaintiff receives physical injuries, compensatory damages may be available to compensate the plaintiff for medical bills and lost income. The plaintiff may recover nominal damages if an offensive contact occurred but did not cause physical injury. Punitive damages are also available if the defendant’s conduct was outrageous.

Defenses

An actor who has otherwise committed an assault and/or battery may not be liable for his or her actions. If a person has consented to being touched, an actor is not liable for a battery. An actor may use reasonable force in self-defense or to defend another person if he or she reasonably believes that he or she or another person is about to be harmed. Under certain circumstances, an actor may also use reasonable force to defend his or her property. Parents and others in disciplinary roles are also privileged to use reasonable force in disciplining a child.

Contact Rhode Island Assault and Battery Lawyer S. Joshua Macktaz for a free consultation.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. 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.