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Newport Assault and Battery

Newport Assault and Battery Lawyer

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.

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Testimonials

200+ reviews
five star ratings on Google

From the moment that I first contacted Josh, he was nothing but professional. Josh got back to me immediately and conducted a phone interview on a holiday Monday at no cost to me. He was very forthright and truthful. By the end of our discussion I had decided to obtain Josh's services. During our discussion, Josh had already mapped out a plan if I did decide to go with him. Everything that Josh told me that day and every other time we spoke, was exactly spot on. I never felt so prepared. That should have come to no surprise to me considering Josh's resume and experiences. He seems to be one of the better known lawyers in the court system. His knowledge of judges, court clerks, state attorneys, and other lawyers is extremely helpful in getting his cases moved to the top of the docket. We never waited long in any of the courts I attended. Other court dates that I was not required to be there Josh let me know plenty of time in advance. There is nothing that comes as a surprise to him. I had never met Josh in person until our first court date but he knew exactly who I was and was totally prepared to litigate on my behalf. I would never hope to be in the situation that I was in again, but if I am I will call Josh immediately. I thought that if not for this problem, we would have been friends in another life. Josh is extremely prepared, professional, and well worth the fee.Do yourself a favor that if you are looking for a lawyer to help you through an alcohol related issue you can do no better that obtaining S.Joshua Macktaz as your representative.
Marty Orokos
13:04 09 Mar 20
Josh gave me a free consultation over the phone as I was unable to go to his office. He explained the entire process so I fully understood what to expect in and out of court, while making the experience as easy, and painless as possible. He will work directly with the court system to get you the best possible outcome, given your case. For mine, It went exactly as he said it would. I am extremely satisfied with his services!
Mike Alessandro
19:15 06 Mar 20
Josh was hands down the best. He was never misleading with any information and let me know step by step how everything was going to go. All of my questions and concerns were answered by him in a timely manner and he made the whole process as easy, stress free (considering the circumstances) as possible. I would HIGHLY recommend Mr. Macktaz as a DUI lawyer. Thank you again!
Em S
19:49 05 Mar 20
Josh is an incredible asset as your attorney. He truly is a master of his craft and will give you realistic expectations regarding your case. His honesty is truly commendable, keeping you in the loop at all times and on top of your case. Always prompt in his response, Josh is always willing to help ease your concerns regarding your legal issues. Can’t thank Josh enough for his help, the guy is the best and the only attorney I’d recommend to my friends and family!!
Mark V
19:13 05 Mar 20
Josh exceeded my expectations and made sure my case was as painless as possible from the first meeting. Not only was he professional, but he made me feel comfortable and gave me clarity to the extent of everything would work out. I hope I don’t have to, but I would choose to work with Josh again if any legal matters were come up again.
Jake Whitmarsh
23:39 05 Feb 20
This was my first time having to seek the services of a lawyer. Josh was friendly, transparent and incredibly informative. He helped me understand the process every step of the way. I'm grateful to have found him and wouldn't think twice about seeking his services again.
Nathan
23:04 02 Feb 20
Josh was incredibly helpful in a difficult legal journey. I would absolutely hire him again if the need should arise. He came highly recommended and I now understand why. He made everything seem less scary and manageable.
Jill Lamere
16:33 01 Feb 20
Josh Macktaz is an extremely knowledgeable and skillful attorney who is a model of clarity in explaining even complex matters in the most comprehensible manner. He clearly outlined an effective strategy and then effectively implemented it. I give him my highest recommendation. On top of it all, he is a courteous and personable individual - moreover, a person with integrity
VINCENT M Colapietro
16:21 01 Feb 20
My experience with Josh was nothing short of great. From day one he was upfront about the process going forward and really helped ground me during what was an exceptionally stressful time. He is easy to get in contact with and always returns communications promptly via email or phone call. I'd highly recommend Josh to anyone who finds themselves in like circumstances, he is a fantastic lawyer who understands that good people make mistakes.
Thomas Briggs
12:21 22 Dec 19
Josh Macktaz, Esq. has a combination of strong analytical and advocacy skills to assist any client. His intelligence, experience, and communicative skills is exactly what you want defending you!! I highly recommend his services.
Ashley Napolitano
17:31 20 Dec 19
Can’t even imagine the mess I would be in with out Joshua’s help. I was guided from the prompt first returned phone call through the entire process. The following day after my event we meet in Newport for a free consultation and he basically told me how things would unfold. In the end I achieved the best possible outcome for me and I owe it to the relationships he has developed and the years of experience that he brings to the table.
david crowley
17:19 19 Dec 19
From the beginning my case had a lot of difficulties and as we continued, new obstacles kept coming up. Josh always took the time to explain everything to me and to make sure I understood what was going on with my case. Every obstacle we encountered, he was always able to work around it and find solutions. He worked very hard to make sure I got a fair result from my case. Overall, Josh is a lawyer that truly cares about his clients and would go the extra mile to help. I strongly believe I wouldn’t have received the results I got without a lawyer like Josh. Highly recommend his services.
Karina G
22:10 05 Dec 19
Great legal defense. Makes you feel comfortable every step of the way. Thank you for everything Josh.
Sam M
15:24 21 Nov 19
Superb layer. Explained everything very clearly for me and helped me greatly to get an aggressive driving charge dismissed. Will recommend him as a lawyer to anyone that is seeking one. Very professional and helpful. You will not go wrong with hiring Josh Macktaz as your lawyer.
Christopher White
15:40 13 Nov 19
Attorney Joshua Macktaz is very professional and personable, emanating energy and confidence in all he does. Informs you every step of the way and easy to reach via email or phone call. Very knowledgeable with the law and how he takes action to get the desired result is truly remarkable. If he says something will happen, you can bet your bottom dollar it will! I Would and Will recommend Attorney J. Macktaz to anyone in need of an excellent trustworthy Attorney.I really hope this review helps someone that is not sure where to turn for help.
Nicholas Silva
18:03 11 Oct 19
Joshua was awesome in every aspect with me and my husband for his DUI case would hands down reccomend him to anyone. He is very knowledgeable and will be there every step of the way to make this process as easy and painless as it can be. Overall we had a great experience.
Erin Barche
14:36 09 Sep 19
Josh is the best hands down. Excellent customer service. Very respectful. Always on time. You can tell he truly puts 100% into your case to get you the best results. Wouldn’t go to anyone else thank very much Mr. Macktaz I appreciate you
brian car
13:17 06 Sep 19
Josh is the attorney to call to help you solve your problem. He knows the law and he works for your best interests. I would not bother to call anyone else. If you are facing trouble, call Josh first, don't waste valuable time. I called his office and he called me back right away and consulted with me. You will not go wrong by hiring this attorney. I certainly did not. I received a very favorable outcome due to Josh's diligent work. Definitely the best out there !
Jennifer Chandler
15:32 29 Aug 19
Mr. Macktaz handled my case in a prompt and professional manor with the necessary legal experience that achieved a positive and beneficial result.
Bryan Stewart
00:35 21 Aug 19
I chose Josh because he seemed experienced and reputable. I was right. Josh knew the ins and outs of my situation, and he provided comforting wisdom every step of the way. When all was said and done, he did exactly what he said he would do, and I couldn't be happier with the results.
Jon Doe
19:12 31 Jul 19
Excellent attorney. Did exactly what he said he would and didn't promise anything he couldn't. Very knowledgeable and professional.
Seth Med
15:31 31 Jul 19
Joshua Macktaz is a very good very professional lawyer. Throughout me case he handled it seriously and kept me in the loop even when I was not present in the court room. Joshua represented me over a year long trial, and he never gave me a issue and in the end he got me a great result. All around I seriously recommend Joshua as a lawyer.
Caleb Butler
18:43 30 Jul 19
Josh was very professional. Took time to answer all my questions in a timely fashion. Made me feel at ease about the situation. Great lawyer
Brandon Nantais
10:06 07 May 19
Mr. Macktaz is an outstanding lawyer. He goes above and beyond for his clients making sure they get the best possible outcome there is! He believes good people sometimes make bad mistakes. I would highly reccommend his services. He will be with you every step of the way.
Haley Nims
17:00 05 May 19
Josh Macktaz is is an excellent attorney who really goes above and beyond for his client.I found him to be very trustworthy and intelligent. I had a technical probation violation. I needed a good lawyer for representation and Josh came highly recommended. He was very honest, respectful and made you feel at ease throughout the whole process. I would highly recommend him to family & friends.Thank You Josh & God Bless -Sam
Sam Wlt
18:21 01 May 19
Josh is committed to following through with his clients and ensuring they are happy. He is not only thorough but he is very responsive and cares. I appreciated his help and he adequately explained the process.
Aly Starr
02:27 25 Feb 19
My Experience with Josh representing me was beyond what I could have hoped for. Josh explained his thoughts and exceptions on my case & followed through to receive the best outcome.. Cannot thank you enough Josh!
Troy McGann
13:12 15 Jan 19
I highly recommend the services of Josh Macktaz. He was responsive, efficient and very realistic about my case and the associated penalties. My legal costs were exactly as he suggested on our first call (which were fair). He is very knowledgeable of the Rhode Island law and has very strong contacts at the traffic tribunal. Related, he handled minor hearings without me which saved me money and travel time. He did the best possible job for a guy in my situation. Anyone that has a drunk driving charge in RI that does not consider Josh Macktaz is risking their future and wasting their dollars.
Chad M
23:10 13 Jan 19
My experience with Josh was beyond positive. If I could rate higher than five stars I would. Through out my entire process he was professional, straightforward, knowledgeable and understanding. It did not take long after meeting him I knew I needed him to represent me. Although my road was long Josh stuck with me every step of the way. There is no doubt in my mind without him I would not have been able to get the best possible outcome in my case. For that my family and I are forever grateful to him. He truly is a master of his craft and a fighter through and through. If you need representation look no further " This is the Man you want In your corner."
Daniel James
14:08 22 Dec 18
I hired Joshua Mactaz to represent me. He did an amazing job. He is very knowledgeable, hard worker and will do anything for you. I would recommend him to anyone and I would certainly have him represent me again.
Susan DeFedele
06:41 14 Dec 18

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