Like many states, Rhode Island divides crimes into misdemeanors and felonies. Less serious crimes are misdemeanors, while more serious offenses are classified as felonies. This article will review misdemeanor classifications, penalties, and sentencing options in Rhode Island.
In Rhode Island, a misdemeanor is a crime that may be punished by no more than a year of imprisonment and a $1,000 fine. If the crime is punishable by no more than six months and a $500 fine, it's considered a petty misdemeanor.
Although each category of misdemeanor has maximum penalties associated with it, the laws for some individual crimes specify lower limits. A few misdemeanors carry minimum penalties as well.
(R.I. Gen. Laws § 11-1-2 (2023).)
Below are examples of misdemeanor and petty misdemeanor offenses and their penalties.
Examples of Rhode Island misdemeanors include:
Petty misdemeanors in Rhode Island include:
(R.I. Gen. Laws §§ 11-5-3, 11-21-1, 11-14-6, 11-41-5, 11-44-26.1, 11-45-1, 11-48-3 (2023).)
The Rhode Island laws for some misdemeanors require stiffer penalties when the defendant has repeat convictions, targeted a protected victim, or committed a hate crime.
Several misdemeanors carry felony penalties for a second or subsequent conviction. For example, a first shoplifting offense is a misdemeanor, but repeat shoplifting offenses carry felony penalties of up to five years of incarceration. A second conviction for misdemeanor cyberharassment is punishable by up to two years of prison time. And repeat domestic violence misdemeanors impose minimum sentences and increased maximum sentences.
Rhode Island also punishes several misdemeanors more harshly when the defendant targets protected victims, such as first responders or elderly victims. Simple assault crimes, for instance, increase from a misdemeanor to a felony when the defendant assaults a police officer, first responder, school teacher or staff, or delivery person. Stealing from a victim age 65 or older will also land a person a felony, rather than a misdemeanor, conviction for amounts over $500.
If a judge or jury determines a defendant committed a misdemeanor motivated by hate, the sentence must include a 30-day mandatory minimum that can't be suspended.
(R.I. Gen. Laws §§ 11-5-31, 11-5-5, 11-5-711-41-5, 11-41-20, 11-44-21.1, 11-52-4.2, 12-19-38, 12-29-5 (2023).)
For misdemeanor and petty misdemeanor sentencing, the judge decides what punishment is appropriate within the legal limits for that crime. Judges can order incarceration or a sentencing alternative, such as:
Along with any other penalties, the judge may also order the defendant to pay fines and restitution. (R.I. Gen. Laws §§ 12-19-2, 12-19-13, 12-19-32 (2023).)
Even though misdemeanor charges are less serious than felonies, a conviction can still have negative consequences. It could affect your ability to land a job or rent an apartment. And if you get in trouble with the law again, a previous conviction might subject you to a stiffer sentence. So anytime you face criminal charges, it's important to speak with a local criminal defense lawyer who can protect your rights throughout the proceedings and help you get the best outcome possible under the circumstances.