Rhode Island Felony: Laws, Penalties, Sentencing, and Records

In Rhode Island, a felony is a serious crime that carries a sentence of more than a year in state prison. According to Rhode Island law, felonies are the most serious type of offense and are punishable by lengthy jail terms, hefty fines, civil rights limitations, and permanent criminal records. Unlike many states, Rhode Island does not categorize crimes into degrees or classes. Instead, a statute establishes the punishment for each criminal offense.

What Is Considered a Felony in Rhode Island?

The Rhode Island General Laws (R.I.G.L. Title 11 – Criminal Offenses) define felonies in the state. Typical felonies in Rhode Island include:

• Violent Crimes: Murder, manslaughter, rape, armed robbery, aggravated assault, kidnapping.
• Drug Crimes: Manufacturing, trafficking, and distribution of controlled substances.
• Property Crimes: Arson, burglary, auto theft, and larceny of property worth $1,500 or more.
• White-Collar Crimes: Fraud, embezzlement, identity theft, and forgery.
• Weapons Offenses: Possession of a firearm by a felon, armed criminal action, and unlawful firearm sales.

Certain misdemeanors can become felonies based on the amount involved or whether a weapon was used, for instance:

• Theft above $1,500 is considered a felony, but when it is under that amount, it is a misdemeanor..
• Simple assault rises to felony aggravated assault when it involves a weapon or serious injury.

What Is a Felony in Rhode Island?

According to Rhode Island law, a felony is any offense that carries a sentence of more than a year in jail or a fine of more than $1,000. Misdemeanors carry a maximum sentence of one year in prison.

Consequences of a felony conviction in Rhode Island include:

• Prison sentences from one year to life.
• Fines that can get up to $25,000.
• Loss of rights including being barred from owning a firearm, restricted from voting (while incarcerated) and disqualified to practice certain professions.
• A permanent criminal record means that employment, housing, and licensing opportunities may be harder to come by.

Felony Penalties in Rhode Island

Since Rhode Island does not use degree classifications, felony penalties are set by statute for each offense.

Examples of Rhode Island Felony Penalties

• First-Degree Murder: This attracts a life sentence (with or without parole).
• Manslaughter: If convicted, defendants can get up to 30 years for manslaughter.
• First-Degree Sexual Assault: Convicted individuals face up to life imprisonment for this crime.
• Robbery: Robbery can result in perpetrators facing up to life in prison.
• Burglary: This crime can get a defendant up to 10 years in prison if convicted.
• Arson: An arson conviction can result in up to 20 years.
• Drug Trafficking (Large Quantities): This crime attracts a sentence of 10 years to life.
• Grand Larceny (Over $1,500): Perpetrators of this crime can get up to 10 years.

Felony Sentencing Guidelines in Rhode Island

Sentencing in Rhode Island is guided by the laws of the land, but is largely influenced by the judges’ discretion, aggravating or mitigating factors, and whether it is a repeat offence.

Key Sentencing Factors

1. Statutory Penalties: In Rhode Island, every felony has a corresponding sentencing range defined by statute.
2. Mandatory Minimums: Certain felonies, including firearm-related crimes and drug trafficking, have mandatory minimum sentences that perpetrators should serve.
3. Aggravating Factors: These are factors that can lead to a longer sentence, such as having prior convictions, committing crimes against minors or elderly victims, or using deadly weapons.
4. Mitigating Factors: These are factors that can help a defendant get a lesser sentence, such as it being a first-time offense, cooperating with law enforcement, or having the potential for rehabilitation.
5. Habitual Offender Law (R.I.G.L. § 12-19-21): When an offender commits a crime more than once, they may face harsher penalties beyond statutory maximums.
6. Probation and Suspended Sentences: When it is a nonviolent felony, Rhode Island courts give milder sentences such as probation or even suspend the prison sentence.
7. Parole: The Rhode Island Parole Board determines the eligibility of inmates after they serve required portions of their sentence.

For instance, armed robbery carries a possible life sentence, but depending on the circumstances, a first-time criminal may receive a shorter sentence.

Felony Laws and Procedures in Major Rhode Island Cities

Providence (Providence County)

TheProvidence County Superior Court, which handles a heavy caseload of violent, drug, and property crimes, prosecutes felony cases in Providence. The Rhode Island Judiciary Public Portal and the Providence County Clerk both provide access to records.

Warwick (Kent County)

The Kent County Superior Courthears felony trials in Warwick, where financial crimes, drug offenses, and burglaries are frequent occurrences. You can obtain records by going to theKent County Clerk's Office.

Newport (Newport County)

The Newport County Superior Court handles felony cases in the Newport area, including cases where violence, fraud, and theft are involved. You can get records from this court by contacting the Newport County Clerk.

How to Search for Felony Records in Rhode Island

You can access felony records in Rhode Island at both the state and county levels.

1. Rhode Island Judiciary Public Portal

The Judiciary Public Portal allows searches for felony case records by name or case number. Records typically include:

• Case number and docket entries.
• Charges filed.
• Court location.
• Sentencing outcomes.

2. Superior Court Clerk’s Offices

You can get certified criminal case files from the Clerk of Superior Court in the county where the offense was tried.

3. Rhode Island Bureau of Criminal Identification (BCI)

The Rhode Island Bureau of Criminal Identification (BCI) maintains official statewide criminal history reports, including felony convictions, which can be obtained by contacting the Unit.

4. Local Police Departments

Records of arrests and bookings are kept by police departments. The Rhode Island Access to Public Records Act (APRA) allows the public to request these documents; however, if the record involves ongoing investigations, it may be exempt from disclosure.

5. Third-Party Background Checks

Private third-party services offer felony records from Rhode Island, typically for a fee, but official Judiciary and Bureau of Criminal Identification (BCI) sources are most accurate.

Open vs. Sealed Records

• Open Records: Most felony convictions remain public.
• Expungement: In Rhode Island, several felonies can be expunged following waiting periods of five to ten years. While severe felonies, such as sex offenses, and many felonies are typically ineligible, nonviolent first-time felony offenses might be expungable.

Why Understanding Felonies in Rhode Island Matters

In Rhode Island, a felony conviction can have far-reaching consequences that go far beyond jail time and fines. They can impact an ex-convict's ability to get a job, rent a house, or enjoy certain rights. As such, it is important to properly understand Rhode Island's felony laws, punishments, and how to access felony records.

In Rhode Island, felonies are classified by statute rather than degree categories, and the punishments range from one year to life in prison. Statutory ranges, mandated minimums, and habitual offender enhancements all influence how much jail time a convicted individual gets. The Bureau of Criminal Identification, Superior Court Clerks, and the Rhode Island Judiciary Public Portal all provide access to felony records.