In Rhode Island, it is a felony to inflict serious bodily injury by means of criminal negligence. Criminal negligence is carelessness that is so extreme that it indicates little regard for human life, or no regard for the consequences of one’s acts.
(R.I. Gen. Laws § 11-5-2.2)
Serious Bodily Injury
Serious bodily injury creates a significant risk of death, lasting loss or impairment, or permanent disfigurement. For example, breaking someone’s neck creates both a risk of death and a risk of paralysis. Throwing a firecracker at someone‘s face creates a risk of permanent disfigurement.
(R.I. Gen. Laws §§ 11-5-2, 11-5-2.2)
Battery by Businesses
Most of the time, real people are the ones who commit batteries. But in Rhode Island, business entities, such as corporations, partnerships, and limited liability organizations, can also be guilty of criminal negligence battery. This means, for example, that if a store is having a big sale and fails to have any crowd control, and, due to the store’s carelessness, a customer is trampled and seriously injured, the store’s corporate owner could be convicted of criminal negligence.
(R.I. Gen. Laws § 11-5-2.2)
Punishment
Criminal negligence battery is punishable by up to 10 years' imprisonment and a fine of $10,000. If a business entity is convicted and jail time is imposed, it will usually be served by the partner, corporate officer, or director responsible for the carelessness that resulted in the injury. (R.I. Gen. Laws § 11-5-2.2.)
Consulting with an Attorney
A felony criminal negligence conviction could result in a lengthy prison sentence and a substantial fine. A better result would be a dismissal of the case, a plea to a lesser charge, or a not guilty verdict following trial. The outcome will depend both on the facts of your case and how the prosecutor and judge treat your case in court. An experienced criminal defense attorney will know how cases like yours tend to fare, and will be able to make persuasive arguments on your behalf to achieve the best possible outcome.
