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Understanding Class A Misdemeanors in Rhode Island
In Rhode Island, there are four classifications of criminal offenses, as outlined in R.I. Gen. Laws § 11-1-2: felonies, misdemeanors, petty misdemeanors, and violations. Thus, Rhode Island does not classify criminal offenses as class A misdemeanors, unlike some other states.
Of these four classifications, “regular” misdemeanors are closest to typical class A misdemeanors. These categories of criminal offenses are lower than felonies but higher than petty misdemeanors in terms of severity. They are characterized as being punishable by a maximum of one year's imprisonment, a fine of up to $1,000, or both.
Examples of Misdemeanors in Rhode Island
Some common examples of misdemeanors in Rhode Island include:
- Shoplifting: This entails engaging in any of the following, according to R.I. Gen. Laws § 11-41-20(b):
- Taking or transferring possession of any merchandise that a retail merchant offers for sale with the intent of depriving them of the full or part of the merchandise's retail value.
- Altering, removing, or transferring the label or other forms of marking on a merchandise that indicates its price with the intention of depriving a retail merchant of all or part of its retail value
- Transferring merchandise from one container to another in a bid to purchase it with the intent of depriving a retail merchant of all or part of its retail value
- Removing a shopping cart from a retail establishment without the merchant's consent, with the intention of depriving them of its use.
- Simple assault or battery (R.I. Gen. Laws § 11-5-3): Simple assault refers to an unlawful attempt to harm another person physically. In comparison, battery involves offensive touching or causing trauma to a person's body without their prior consent.
- Driving under the influence of liquor or drugs (R.I. Gen. Laws § 31-27-2), provided the offender is over the age of eighteen, and it is their first DUI offense.
- Vandalism (R.I. Gen. Laws § 11-44-1): This refers to the willful and malicious destruction or defacement of another person’s property through writing, painting, or other means.
- Impersonation of a public officer (R.I. Gen. Laws § 11-14-1): This entails pretending to be any of the following:
- Judge
- Justice of the peace
- Warden
- Deputy sheriff
- Alderman
- Member of any city or town council
- City or town clerk
- City sergeant
- Constable
- Correctional officer
- Law enforcement office of any city or town in Rhode Island or an out-of-state Law enforcement agency
- The Attorney General
- Deputy Attorney General
- Assistant or special assistant attorney general.
Generally, misdemeanors are considered criminal cases in Rhode Island. As a result, they are handled by a District or Superior court. Interested individuals may find information and court records for these cases by searching the Rhode Island criminal court records.
| Offense | Description | Possible Penalty |
|---|---|---|
| Shoplifting | Stealing or altering merchandise offered for sale with the intent to deprive a retailer of all or part of its value. | Depending on which has the greater value, a minimum fine of $50 or two times the retail value of the stolen merchandise, but not more than $500. The offender may also be sentenced to up to one year in prison. |
| Simple Assault | Causing or attempting to cause physical harm to another | Up to one (1) year imprisonment and a maximum fine of $1,000 |
| DUI (first offense) | Driving under the influence, provided the driver is over the age of 18 years old. | Depends on the driver’s level of intoxication, measured by their blood alcohol concentration. Fines range between $100 and $500, public community restitution (10 to 60 hours), and license suspension (30 days to 18 months). For instance, if the driver’s blood alcohol concentration is .08% but less than .1% by body weight, or if there is the presence of any scheduled controlled substance in their blood, fines may range between $100 and $300. They may also be sentenced to perform a minimum of 10 to a maximum of 60 hours of public community service, and to have their license suspended for 30 to 180 days. |
Penalties for a Misdemeanor in Rhode Island
According to R.I. Gen. Laws § 11-1-2, most misdemeanors are punishable by a maximum fine of $1,000, a maximum of one (1) year imprisonment, or both. Depending on the type of offense and its severity, additional penalties, like community service, probation, or license suspension, may also be imposed. For instance, DUI offenses may carry additional penalties of up to 60 hours of community service and a license suspension of up to 18 months.
Probation and Alternative Sentencing Options in Rhode Island
In Rhode Island, probation is one of the most common alternatives to sentencing. It involves adult offenders being required to follow prescribed rules and abstain from committing further crimes within a specified timeframe. Generally, an offender may be sentenced to probation only, probation with a suspended prison sentence, or probation upon release.
Other alternative sentencing options in Rhode Island include, but are not limited to, the following:
- Adult Drug Court Program: This aims to rehabilitate individuals charged with an alcohol or drug-related offense or a non-violent offense due to a history of alcohol or drug abuse. Individuals who have pending criminal charges or prior convictions for specific crimes are typically ineligible for this program.
- Diversion Program: This provides eligible individuals with a framework of supervision and services that trains them to make informed decisions, engage in positive behaviour, and reduce their risk of reoffending. The eligibility requirements for this program are outlined in R.I. Gen. Laws § 8-2-39.3.
- The Veterans Court Treatment Program: This helps to rehabilitate individuals who served in the military and suffer from PTSD or other diagnosed trauma-related disorders connected to the offenses with which they are charged.
Can a Misdemeanor Be Expunged or Sealed in Rhode Island?
A misdemeanor conviction may be eligible for expungement, but not for sealing in Rhode Island. When a record gets sealed, it becomes inaccessible to the general public but remains available to government agencies and for specific legal purposes. On the other hand, expunged records are completely destroyed and treated as if they never existed.
Per R.I. Gen. Laws § 12-1-12.1, only cases that result in dismissed charges, acquittal at trial, or no true bill being returned are eligible for sealing. Meanwhile, a misdemeanor record may be eligible for expungement under R.I. Gen. Laws chapter 12-1.3, if it meets any of the following requirements:
- It is the first time the offender has been convicted or placed on probation for a misdemeanor or felony, and there are no pending criminal proceedings against them. Provided five (5) years have passed since they completed their sentence and/or probation.
- The offender has been convicted of more than one but fewer than six (6) misdemeanors and no felonies, and 10 years have passed from the date they completed their last sentence. Notwithstanding convictions for offenses under R.I. Gen. Laws Title 12 Chapter 29, § 31-27-2, and § 31-27-2.1 are ineligible for expungement under this requirement. These include domestic violence, DUIs, and refusal to submit to a chemical test.
- The offender was convicted of or placed on probation for prostitution or loitering for Prostitution on or after November 3, 2009, per R.I. Gen. Laws § 11-34.1-5. Provided a year has passed after the completion of their sentence.
Although a record may be eligible for expungement, a motion for expungement is typically granted at the court’s discretion. Expunging a record may have several far-reaching benefits. For instance, certain convictions may disqualify an individual from specific jobs, and expunging them may significantly improve employment opportunities.
Noteworthy information about different types of misdemeanors that may be expungable in Rhode Island is highlighted in the table below.
| Condition | Eligible for Expungement? | Waiting Period | Notes |
|---|---|---|---|
| First-time offense | Yes | Five (5) years after sentence or probation completion | The offender must have no pending criminal proceedings |
| Multiple offenses | Only a maximum of 5 misdemeanors | 10 years after the completion of the last sentence. | The offender must not have any felony convictions |
| Prostitution or loitering for Prostitution | Yes | One year after the completion of the sentence. | The conviction must have occurred on or after November 3, 2009 |
Long-Term Consequences of a Misdemeanor Conviction
Some of the long-term consequences of having a misdemeanor conviction in Rhode Island include the following:
- Obtaining or keeping an occupational license: If an individual has a misdemeanor conviction that is substantially related to the occupational license they are seeking, the licensing body may consider that conviction when evaluating their application and eligibility for the permit. For instance, a DUI conviction may cause challenges when applying for a commercial driver's license. License holders may also have their license revoked as a result of a substantially related conviction.
- Job prospects: Some misdemeanor convictions may limit an individual’s future job prospects, particularly in law enforcement and security-related fields.
- Obtaining student loans or scholarships: A misdemeanor conviction may affect a person’s ability to qualify for student loans or scholarships, depending on the type of offense
- Firearm prohibitions: Per R.I. Gen. Laws § 11-47-5, individuals who have been convicted of certain misdemeanor offenses are prohibited from possessing firearms. These include, but are not limited to, simple assault, disorderly conduct, and violation of a protective order.
What to Do if You’re Charged with a Misdemeanor in Rhode Island
Once an individual is charged with a misdemeanor in Rhode Island, it is essential that they understand the charges, including the nature of the offense and the potential penalties. This may be done by reviewing relevant state laws or consulting with a licensed attorney. The latter is generally more advisable, as an attorney has the legal experience and expertise to understand the nuances of a charge and applicable laws.
Furthermore, they should gather information and documentation about the incident where the charged offense was allegedly committed. These may be used to bolster the plea they wish to enter during their initial arraignment. It is also crucial to maintain contact with the presiding court to ensure that one does not miss their arraignment and trial dates.
Statute of Limitations for Misdemeanors in Rhode Island
R.I. Gen. Laws § 12-12-17 establishes the statute of limitations for most criminal offenses in Rhode Island. Serious crimes, such as most felonies, generally have no statute of limitations. Other offenses with defined statutes of limitations typically range from 3 to 10 years, with most misdemeanors falling within the 3-year limit.