Rhode Island Assault and Battery Laws: Charges and Penalties (2026)

Rhode Island punishes assault and battery together: under R.I. Gen. Laws 11-5-3(a), "every person who shall make an assault or battery or both" faces up to one year in prison or a fine of up to $1,000, or both, unless the felony assault statute (11-5-2) applies. Chapter 11-5 does not define either word. Felony assault is an assault or battery with a dangerous weapon, acid or another dangerous substance, or by fire (up to 6 years), or one that results in serious bodily injury (up to 20 years), and separate sections make assaults on police officers, teachers, health care providers, delivery workers, people 60 or older and young children felonies. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the assault and battery offenses in Rhode Island General Laws chapter 11-5 (sections 11-5-1 through 11-5-8.1, 11-5-10 through 11-5-11 and 11-5-14 through 11-5-17), the felony and misdemeanor definitions in 11-1-2, the domestic violence provisions in 12-29-2 and 12-29-5, and the civil filing period in 9-1-14. It does not cover self-defense and justification (see Rhode Island self-defense laws), protective orders (see Rhode Island restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.

Assault vs. battery in Rhode Island

Rhode Island's statutes name both offenses but punish them as one. Section 11-5-3(a) provides:

"(a) Except as otherwise provided in § 11-5-2, every person who shall make an assault or battery or both shall be imprisoned not exceeding one year or fined not exceeding one thousand dollars ($1,000), or both."

Chapter 11-5 contains no definitions section and does not define "assault" or "battery." The only definitions inside the chapter cover terms such as serious bodily injury, bodily injury, strangulation and criminal negligence. The meaning of assault and battery therefore comes from Rhode Island case law, not from the statute's text. The Rhode Island Supreme Court has described assault as "a physical act of a threatening nature or an offer of corporal injury which puts an individual in reasonable fear of imminent bodily harm," and battery as "an act that was intended to cause, and does cause, an offensive contact with or unconsented touching of or trauma upon the body of another" (State v. Cardona, 969 A.2d 667 (R.I. 2009)). Section 11-1-1 separately preserves common-law crimes that have no statutory punishment: "Every act and omission which is an offense at common law, and for which no punishment is prescribed by the general laws, may be prosecuted and punished as an offense at common law."

Chapter 11-5 also contains offenses titled battery, including battery by criminal negligence (11-5-2.2) and battery by an adult on a child 10 or younger causing serious bodily injury (11-5-14.2). Under 11-5-2.2, when serious bodily injury "occurs as a proximate result of criminal negligence, the person committing the criminal negligence shall be guilty of battery and shall be deemed to have committed a felony," punishable by up to 10 years or a fine of up to $10,000, or both.

Is assault a felony in Rhode Island?

Simple assault or battery under 11-5-3 is a misdemeanor. Rhode Island draws the felony line by the size of the penalty. Section 11-1-2 provides that, unless otherwise provided, an offense that "may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is declared to be a felony," and an offense punishable by up to one year or a fine of up to $1,000 is a misdemeanor.

Assault becomes a felony under 11-5-2(a), which provides:

"(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."

Using a dangerous weapon, acid, another dangerous substance or fire makes the offense a felony even when no one is injured. Section 11-5-2 does not define "dangerous weapon."

Rhode Island assault offenses and penalties

Rhode Island's assault sections set their own penalties, and the misdemeanor or felony label follows either the section's own words ("shall be deemed to have committed a felony") or the one-year and $1,000 lines in 11-1-2. The figures are the limits each statute sets: "up to" figures are maximums, and stated minimums apply only where the section sets one.

Bodily injury and serious bodily injury

The difference between a 6-year and a 20-year felony assault is serious bodily injury. Section 11-5-2 defines both injury terms:

(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.

(e) "Bodily injury" means physical injury that causes physical pain, illness, or any impairment of physical condition.

The battery-by-criminal-negligence statute (11-5-2.2) uses the 11-5-2 definition of serious bodily injury.

Assaulting a police officer, teacher, nurse or other protected person

Rhode Island protects a long list of workers and vulnerable people through separate sections. Each section uses its own wording, and several require actual bodily injury.

Police officers and other officials (11-5-5). The felony applies to an assault or battery committed "by knowingly and willfully either (1) striking, or (2) spraying with a noxious chemical, commonly used as a personal defense weapon, including Mace and an oleoresin capsicum product or like products" one of the listed people, "causing bodily injury while the officer or official is engaged in the performance of his or her duty." The list, in the statute's words, is:

"a uniformed member of the state police or metropolitan park police, environmental police officer, state properties patrol officer, probation and parole officers, state government case worker or investigator, judge of the supreme, superior, family, district court, traffic tribunal or municipal court, deputy sheriff, city or town police officer or firefighter, member of the capitol police, member of campus security force of state colleges and universities, member of the Rhode Island airport police department, member of the Rhode Island fugitive task force, Rhode Island public transit authority bus driver, or on-duty plainclothes member of the town, city, or state police force, investigator of the department of the attorney general appointed pursuant to § 42-9-8.1, or member of the railroad police after proper identification is displayed, or uniformed dog officer, or out-of-state police officer called into Rhode Island under a cooperative agreement to provide mutual aid at the request of the state of Rhode Island pursuant to chapter 37 of title 42, or assistant attorney general or special assistant attorney general, or employees of the department of environmental management responsible for administrative inspections or any constable authorized by chapter 45-16 of the Rhode Island general law"

The penalty is up to 3 years or a fine of up to $1,500, or both.

Teachers and school staff (11-5-7). "Any person who shall knowingly and willfully strike a schoolteacher, student teacher, school security officer or school administrator, causing bodily injury, while the teacher, student teacher, security officer, administrator, or school department employee is engaged in the performance of his or her duty, shall be deemed to have committed a felony," punishable by up to 3 years or a fine of up to $1,500, or both.

Health care providers and EMS personnel (11-5-16). Knowingly and willfully assaulting "a health care provider and/or emergency medical services personnel while that provider is engaged in providing health care services" is a felony punishable by up to 3 years and a fine of up to $1,500, or both. Unlike 11-5-5 and 11-5-7, the text of 11-5-16(a) does not mention bodily injury.

Delivery workers (11-5-3.1). An assault or battery on "any delivery person in the execution of the delivery person's duty" carries up to 3 years or a fine of up to $3,000, or both. With a dangerous weapon, acid or other dangerous substance, by fire, or resulting in serious bodily injury, the range is 5 to 20 years.

People 60 or older (11-5-10, 11-5-10.1). An assault and battery on a person 60 or older causing bodily injury carries up to 5 years or a fine of up to $1,000, or both. An assault or battery causing serious bodily injury carries 3 to 20 years or a fine of up to $10,000, or both.

Corrections staff (11-5-8, 11-5-8.1, 11-5-15). Knowingly and willfully striking a uniformed correctional officer at the adult correctional institutions causing bodily injury, striking a known officer out of uniform while on duty, or removing or attempting to remove an on-duty correctional officer's firearm carries up to 5 years or a fine of $500 to $5,000, or both; the same section covers striking a training school employee causing bodily injury during duty. A person in custody who assaults a corrections employee with bodily fluid during duty faces the same range (11-5-8.1), and an inmate who throws or expels bodily fluids at a deputy sheriff to harass, annoy, threaten or alarm faces up to 2 years (11-5-15).

Children 10 or younger (11-5-14.2). A person 18 or older who commits a battery on a child 10 or younger causing serious bodily injury faces 5 to 20 years and a fine of $5,000 to $20,000.

Single-punch assaults (11-5-17). Causing, or attempting to cause, someone "to be rendered unconscious by a single punch, kick, or other singular striking motion to the head of such person for the purpose of bringing about the loss of consciousness" is a felony with up to 3 years or a fine of up to $1,500, or both. The section also covers anyone who knowingly assists, encourages or conspires to coerce someone to commit that act.

Domestic assault and strangulation in Rhode Island

Rhode Island has no general offense called domestic assault. Instead, the Domestic Violence Prevention Act attaches extra consequences to ordinary assault charges. Under 12-29-2(a), "Domestic violence" includes, but is not limited to, listed crimes "when committed by one family or household member against another," starting with "(1) Simple assault (§ 11-5-3); (2) Felony assaults (chapter 5 of title 11)." Section 11-5-3(b) confirms that where the Act applies, "the penalties for violation of this section shall also include the penalties as provided in § 12-29-5."

Repeat convictions escalate. Under 12-29-5(c)(1), a person convicted of a misdemeanor involving domestic violence shall, "(i) For a second violation, be imprisoned for a term of not less than ten (10) days and not more than one year," and "(ii) For a third and subsequent violation, be deemed guilty of a felony and be imprisoned for a term of not less than one year and not more than ten (10) years." Under 12-29-5(c)(2), "No jail sentence provided for under this section can be suspended."

Every person convicted of, or placed on probation for, a domestic violence crime must also be ordered to attend a batterer's intervention program at his or her own expense, which the court cannot suspend or waive, and to pay a $125 assessment (12-29-5(a)-(b)). The court must also determine whether the conviction or plea bars the person from possessing firearms under state law, 11-47-5 (12-29-5(d)).

Strangulation of a family or household member is its own felony. Under 11-5-2.3(a), an assault or battery "by strangulation, on a family or household member as defined in subsection 12-29-2(b)" carries up to 10 years. "Strangulation" means "knowingly and intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm." Protective orders are covered in Rhode Island restraining order laws.

Federal law adds a firearm consequence: under 18 U.S.C. 922(g)(9), a person convicted of a "misdemeanor crime of domestic violence" may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. The assault and battery hub covers the federal layer.

Upcoming change: one-year maximums become 364 days in 2027

Rhode Island's 2025 and 2026 public laws do not amend chapter 11-5. One 2026 law does affect the misdemeanor penalties on this page. Public Law 2026, chapter 189 provides that "Whenever the phrase one year appears in any provision of the general or public laws in reference to the maximum sentence of imprisonment that may be imposed, such phrase shall mean, be interpreted as, and be applied as three hundred sixty-four (364) days." The act states: "This act shall take effect on July 1, 2027."

From that date, the one-year maximums shown above, for simple assault or battery under 11-5-3 and for a second domestic violence misdemeanor under 12-29-5(c)(1)(i), will mean 364 days.

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for damages are separate cases. Rhode Island's general personal-injury deadline is in 9-1-14(b): "Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or exploitation of a child shall be governed by § 9-1-51." Subsection (c) concerns direct actions against an insurer. The section does not name assault or battery separately. Under 9-1-19, a person who was under 18, of unsound mind or outside the United States when the claim accrued may sue within the same period after that impediment is removed. Claims against a perpetrator of child sexual abuse may be brought within 35 years of the act or 7 years from discovery, whichever is later (9-1-51). For other filing deadlines, see the Rhode Island statute of limitations guide.

Related legal issues

• Self-defense. Whether force was justified is a separate body of law; see Rhode Island self-defense laws.
• Protective orders. See Rhode Island restraining order laws.
• Clearing a record. Whether an assault conviction can be expunged is covered in Rhode Island expungement laws.

Related pages

• Assault and battery laws by state
• Rhode Island self-defense laws
• Rhode Island restraining order laws
• Rhode Island expungement laws
• Rhode Island statute of limitations
• Massachusetts assault and battery laws
• Connecticut assault and battery laws

This article provides general legal information about Rhode Island assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Rhode Island.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Rhode Island?

Rhode Island punishes them together: 11-5-3 covers anyone who makes an assault or battery or both, with the same penalty. Chapter 11-5 does not define either word, so their meaning comes from case law. The Rhode Island Supreme Court has described assault as a physical act of a threatening nature or an offer of corporal injury that puts a person in reasonable fear of imminent bodily harm, and battery as an act intended to cause, and causing, an offensive contact with or unconsented touching of the body of another (State v. Cardona, 969 A.2d 667 (R.I. 2009)).

Is simple assault a felony in Rhode Island?

No. Simple assault or battery under 11-5-3 is punishable by up to one year or a fine of up to $1,000, or both, which makes it a misdemeanor under 11-1-2. It is a felony assault under 11-5-2 when a dangerous weapon, acid, another dangerous substance or fire is used, or serious bodily injury results.

What is the penalty for felony assault in Rhode Island?

Under 11-5-2(a), felony assault that results in serious bodily injury carries up to 20 years. Every other felony assault, including one with a dangerous weapon that causes bodily injury or no injury, carries up to 6 years.

What happens if you assault a police officer in Rhode Island?

Knowingly and willfully striking a police officer, or spraying the officer with a noxious chemical such as Mace, causing bodily injury while the officer is performing duty, is a felony under 11-5-5, punishable by up to 3 years or a fine of up to $1,500, or both.

Is assaulting a teacher a felony in Rhode Island?

Yes. Under 11-5-7, knowingly and willfully striking a schoolteacher, student teacher, school security officer or school administrator, causing bodily injury, during the performance of duty is a felony with up to 3 years or a fine of up to $1,500, or both.

Is it a felony to assault a nurse or EMT in Rhode Island?

Under 11-5-16(a), knowingly and willfully assaulting a health care provider or emergency medical services personnel while the provider is providing health care services is a felony, with up to 3 years and a fine of up to $1,500, or both.

Is a one-punch knockout a crime in Rhode Island?

Yes. Under 11-5-17, causing or attempting to cause someone to be rendered unconscious with a single punch, kick or other striking motion to the head, for that purpose, is a felony with up to 3 years or a fine of up to $1,500, or both.

What happens on a second domestic assault conviction in Rhode Island?

Under 12-29-5(c), a second conviction of a misdemeanor involving domestic violence carries 10 days to 1 year, and a third or later conviction is a felony with 1 to 10 years. These jail sentences cannot be suspended.

Is strangulation a felony in Rhode Island?

Assault or battery by strangulation on a family or household member is punishable by up to 10 years under 11-5-2.3, which makes it a felony.

How long do you have to sue for assault in Rhode Island?

Under 9-1-14(b), actions for injuries to the person must be commenced within three years after the cause of action accrues. The section does not name assault separately. If the injured person was under 18, of unsound mind or outside the United States when the claim arose, the period runs from when that ends (9-1-19), and claims of child sexual abuse follow the longer periods in 9-1-51.