What is a Second Degree Felony in Rhode Island?

Unlike many states that classify felonies into different levels, Rhode Island does not follow a formal felony grading system. Instead, crimes are divided into felonies and misdemeanors. Under R.I. Gen. Laws § 11-1-2, a felony is any offense punishable by more than one year in prison, while a misdemeanor carries up to one year.

Rhode Island law does not recognize a general 'second-degree felony' category, but some serious crimes are divided into first- and second-degree offenses. The seriousness of each felony is set by the statute that defines it. In practice, 'second-degree felony' describes crimes less severe than first-degree offenses but more serious than misdemeanors, with penalties outlined in Title 11 of the Rhode Island General Laws.

The state classifies felonies based on the type of crimes, including whether a deadly weapon was used, the level of harm to the victim, the victim’s age or vulnerability, and other aggravating factors. Second-degree felony crimes carry significant prison terms, though less than a life sentence. Examples include:

• Second-degree sexual assault
• Second-degree child molestation
• Second-degree murder
• Second-degree child abuse
• Second-degree robbery.

Which Crimes Are Considered Second Degree Felonies in Rhode Island?

Rhode Island does not recognize a general second-degree felony category. Instead, certain serious offenses are divided by statute into first- and second-degree levels. The second-degree versions are treated as less severe since the first-degree forms often involve factors such as weapons, premeditation, permanent injury, or very young victims.

Examples of crimes often referred to as second-degree felonies in Rhode Island include:

• Second-degree robbery (R.I. Gen. Laws § 11-39-1(b)): Involves using force or threats to steal from a person, without aggravating factors such as a dangerous weapon, physical injury, or targeting an elderly or severely impaired victim.
• Second-degree sexual assault (R.I. Gen. Laws § 11-37-4): Involves unlawful sexual contact through force, coercion, or when the victim is unable to give consent.
• Second-degree murder (R.I. Gen. Laws § 11-23-1): Intentional killing without premeditation, or a death caused by reckless disregard for human life.
• Second-degree child molestation (R.I. Gen. Laws § 11-37-8.3): Non-penetrative sexual contact with a child under the age of 14.
• Second-degree child abuse (R.I. Gen. Laws § 11-9-5.3): Abuse that results in injury but does not cause permanent disability or disfigurement.

What is Second Degree Murder and How is it Classified in Rhode Island?

According to R.I Gen. Laws § 11-23-1 and § 11-23-2, second-degree murder is defined as the unlawful killing of another person without premeditation, or a death resulting from reckless disregard for human life. It is a felony punishable by 10 years to life in prison. Second-degree murder is less severe than first-degree murder, which requires proof of premeditation, malice, or killings committed during certain serious felonies such as arson, sexual assault, or burglary. The central distinction lies in premeditation (first-degree murder involves a deliberate plan), and a conviction carries a mandatory life sentence.

Courts treat second-degree murder as more serious than manslaughter. Manslaughter usually occurs when someone kills in the heat of passion or through negligence rather than malice. Under R.I. Gen. Laws § 11-23-3, the law imposes a maximum prison sentence of 30 years for manslaughter. In contrast, a person who commits murder acts with the intent to kill or displays extreme disregard for human life, whereas a person who commits manslaughter lacks that level of intent or malice.

Rhode Island Second Degree Felonies Penalties and Punishments

Rhode Island does not use a formal system categorizing felonies as 'first-degree' or 'second-degree.' Instead, each law defines the crime and prescribes its penalty. The term 'second-degree felony' is often applied to serious offenses that carry lengthy prison terms but are less severe than crimes punishable by life imprisonment.

Penalties depend on the specific offense and the defendant’s criminal history. They typically involve a set minimum and maximum prison term and, in some cases, an additional fine. Most second-degree felonies carry a sentencing range of 3 to 30 years in prison, while second-degree murder is punishable by 10 years to life. Judges determine the exact sentence within these statutory ranges, taking into account prior convictions and aggravating and mitigating factors.

For certain second-degree felonies, the court may suspend part of the prison sentence and place the defendant on probation if the law allows. However, for more serious crimes such as second-degree murder, the law often restricts or prohibits suspended sentences and probation.

Are Second-Degree Felony Records Public in Rhode Island?

Yes. Criminal convictions, including second-degree felonies, are public records under the Access to Public Records Act (R.I. Gen. Laws § 38-2-3). The law establishes that records maintained by public bodies, such as court files and the Bureau of Criminal Identification (BCI), are generally open for public inspection unless a specific exemption applies.

In Rhode Island, courts permit sealing or expungement only for dismissals, acquittals, or certain lower-level non-violent felonies. They keep most second-degree felony convictions permanently public because the law classifies them as 'crimes of violence' under R.I. Gen. Laws § 12-1.3-1. Lawmakers intend this rule to give the public access to records of serious or violent offenses. Still, courts may redact certain details from public documents, such as:

• Juvenile records: sealed unless the offender was charged as an adult
• Victim information: including names, addresses, and other identifying details
• Medical or psychiatric records: confidential and not part of public access
• Sensitive personal identifier: such as Social Security numbers or financial account numbers
• Probation and pre-sentence reports: confidential and not available to the public.

States differ widely in how they handle criminal records. Some enforce strict rules that keep felony crime records permanently public, while others permit certain non-violent felonies to be sealed automatically after a set waiting period.

How to Access Second Degree Felony Court Records in Rhode Island

In Rhode Island, most criminal records, including second-degree felonies, are open to the public unless a court has formally sealed them. When accessing these records, it is essential to follow proper procedures and respect privacy as expected by state law. These records are accessible through:

Rhode Island Judiciary Public Online Portal

This portal offers the quickest and most convenient access to criminal court records. The free “Smart Search” feature allows almost anyone to look up records by name or case number. The search provides basic public case details, including charges, scheduled court dates, and the outcome.

Bureau of Criminal Identification (BCI)

To obtain an official statewide criminal history record (fingerprint-based or BCI report) for background checks, employment, or other legal purposes, individuals are required to submit an in-person request at the Rhode Island Attorney General’s Bureau of Criminal Identification.

4 Howard Avenue (corner of Pontiac Ave. and Howard Ave.)
Cranston,
RI 02920
Office Hours: Monday through Friday, 8:30 a.m. – 4:30 p.m.

Note: Applicants must present a valid government-issued photo ID and pay the required fee.

County Clerk of Court Office

Individuals may obtain physical copies of second-degree felony records by contacting the clerk of court where the case was filed. When requesting certified copies, they may anticipate modest fees and possible delays.

Courthouse Public Terminals

Most courthouses provide public access terminals for those who prefer to search records onsite or when certain documents are not available online. While using the terminals is free, individuals may incur fees for printing copies.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, in some situations, second-degree felony charges in Rhode Island may be reduced or dismissed, depending on the case details, the prosecutor’s approach, and the judge’s discretion.

A common way to resolve a felony case without going to trial is through a plea bargain. In this situation, the prosecutor may offer an agreement that reduces the charge to a lesser offense, which may result in a lighter sentence or reduced penalties. Plea bargains are more likely when the evidence is weak, the defendant has a clean criminal record, or mitigating circumstances exist.

In Rhode Island, a defense attorney may request a motion to dismiss the charges, which a judge may approve if the prosecution cannot prove the case, if it violates procedural rules, or presents insufficient evidence. Additionally, a prosecutor may choose to dismiss a case voluntarily if they believe the evidence cannot prove the charges beyond a reasonable doubt. A dismissal is the most favorable outcome for a defendant, as it resolves the case without a conviction or plea.

Navigating the legal system may be challenging, especially when facing serious charges, such as second-degree felonies that carry lengthy prison terms. An experienced criminal defense attorney may evaluate the case, advise on the likelihood of a reduction or dismissal, and negotiate with prosecutors to pursue the best possible outcome.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Rhode Island?

In Rhode Island, it is impossible to expunge or seal a second-degree felony or murder conviction. Eligibility largely depends on the type of crime, its legal classification, and the individual’s complete criminal history. Expungement, the process of removing a criminal record from public access, is governed by Rhode Island General Laws, Title 12, Chapter 1.3.

Under § 12-1.3-2, a person may qualify for expungement if they meet these requirements:

• They are a first-time offender with no prior felony or misdemeanor convictions, no prior probation, and no pending criminal charges.
• They have completed their entire sentence, including probation, and paid all fines, fees, and restitution.
• They have remained arrest- and conviction-free for at least 10 years after their sentence.

Rhode Island General Laws § 12-1.3-1 lists specific offenses as 'crimes of violence,' and most second-degree felonies, as well as all murder charges, fall into this category, making them ineligible for expungement. However, if the case was dismissed, the person was acquitted, charges were never filed, or the individual was otherwise exonerated, the court may seal or destroy those records under § 12-1-12.1. For anyone convicted of a crime of violence, the only path to expungement is through a gubernatorial pardon.

Given the strict nature of Rhode Island’s expungement laws, individuals should consult an attorney to determine eligibility and consider options such as a pardon.

How Long Do Second-Degree Felony Records Stay Public in Rhode Island?

Rhode Island does not use a general second-degree felony category. Instead, the law divides certain serious crimes into first- and second-degree levels. Records of these felonies remain permanently public unless they qualify for sealing or expungement, which is rarely permitted for violent offenses. Once filed with the courts or the Bureau of Criminal Identification (BCI), these records remain accessible to employers, landlords, and the general public.

States vary in the length of time criminal records stay accessible to the public. Rhode Island has no automatic time limits, so second-degree felony convictions usually stay public for life unless they are overturned, dismissed, or pardoned. By contrast, some states restrict access after a set period. For instance, Pennsylvania’s Clean Slate Law allows certain non-violent lower-level offenses to be sealed automatically after 10 years if the individual remains arrest-free.