Waltham, MA asked in Criminal Law for Rhode Island

Q: Can simply assault be changed to a felony if a result after complaint is severe concussion, teeth knocked out, pain

Head slammed into a wall, physically thrown into a table slamming other side of head, neck head jaw squeezed and twisted so hard as to break two teeth out of head and have pulled muscles with no healing in two months. Severe Concussion has made the victim need PT for months. Pulled muscles in neck and back causing severe pain No symptoms better in first two months. How serious is this, "simple assault"? Can the prosecutor ask for charge to be changed to a felony? Can the charge still stay the same or reduced under the circumstances after the assault? Can the victim become the plaintiff or does it always stay the state of RI? Is it better to work with the prosecutor or the victim directly?

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1 Lawyer Answer
Neville Bedford
Neville Bedford
Answered
  • PROVIDENCE, RI
  • Licensed in Rhode Island

A: The best person to work with is... you very own attorney - they are best suited to defend and/or advocate for you. If you cannot afford to hire a private attorney, there are victim advocates in the AG's office that may be able to assist. Your question is confusing because it it hard to tell if you are the victim, the aggressor, or some other party. Civil actions are separate from criminal cases and are usually also best conducted with the able assistance of a practicing attorney.

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