What Is a Third-Degree Felony in Rhode Island?

In Rhode Island, third-degree felonies have their unique sentencing ranges described by their enabling laws. For example, a third-degree arson is described in the Rhode Island General Laws § 11-4-4, while third-degree sexual assault is described in the Rhode Island General Laws § 11-37-7. Additionally, third-degree arson is punishable by between 2 and 20 years imprisonment and/or a fine of up to $5,000, where death does not occur. If the arson results in the death of another person, the offender faces at least 20 years' imprisonment.

In comparison, third-degree sexual assault in Rhode Island is punishable by up to 5 years imprisonment, depending on the statutory version of the offense. Third-degree felonies may be lesser offenses compared to more serious felonies, but a conviction has the same effect on the offender. Individuals convicted of third-degree felonies are subject to the forfeiture of certain civil rights and may face long-term challenges, such as obtaining employment, housing, or professional licenses. Offenders with clean criminal records are also subjected to harsher punishment.

Note: Third-degree felonies remain serious offenses in Rhode Island. Arrests and convictions from such offenses typically remain on your public records permanently.

Common Offenses That Fall Under Third-Degree Felony Charges

Third-degree felonies in Rhode Island are specific offenses with their enabling laws and punishments. These types of crimes are the least serious felonies, but still carry severe punishment. A typical example of such offense is third-degree sexual assault, described in Rhode Island General Laws § 11-37-6. This offense occurs when someone over the age of 18 years engages in sexual penetration with a victim aged between 14 and 16 or, in some cases, where an adult has supervisory authority over a 14 to 17-year-old. Another common third-degree felony in Rhode Island is Larceny or theft of property worth over $1,500, according to Rhode Island General Laws § 11-41-5(a)(1). This offense describes the act of stealing, embezzling, or receiving property or money that exceeds $1,500 but is less than $5,000.

According to Rhode Island General Laws § 11-41-2, the offense of receiving stolen goods is a third-degree felony. It is described as knowingly receiving stolen property. In situations where a felony is committed with the aid of a weapon, according to Rhode Island General Laws § 11-47-20.1, certain types of ammunition can lead to the offender’s punishment. This means that where offenses are committed using certain ammunition, the offense is upgraded to a low-level felony and can result in imprisonment for between 1 and 10 years and/or a fine of up to $10,000 being added to the offender’s punishment.

Penalties and Sentencing for Third-Degree Felonies in Rhode Island

Third-degree felonies have varying penalties in Rhode Island due to the specific laws describing each offense. The state has no general third-degree felony class of offenses. Thus, the sentences depend on factors such as the statutory sentence limit, the offender’s prior records, and the severity of the offense. For example, the offense of larceny or theft of property worth between $1,500 and $5,000 is up to $1,500 fine and/or up to 3 years imprisonment, while larceny or theft of property worth between $5,000 and $10,000 carries up to 6 years’ imprisonment and/or up to $3,000 fine. The offense of felony assault, which involves assault with a deadly weapon, carries a punishment of up to 20 years imprisonment depending on the severity of the crime. When someone commits the offense of larceny or theft of property worth over $10,000 or uses a firearm in the process, the punishment is a maximum of $5,000 and/or up to 10 years imprisonment.

These penalties are not absolute due to the discretion of the court to provide alternative sentences for first-time offenders with less severe crimes. This includes probation or restitution for simple and less serious crimes, especially when the offender does not have a prior felony conviction.

Will You Go to Jail for a Third-Degree Felony in Rhode Island?

Yes, individuals convicted of third-degree felonies in Rhode Island are likely to be remanded to law enforcement custody. However, this is not a general rule because it is possible to avoid jail time after conviction. The sentencing rules in Rhode Island provide that there are alternatives that are to be adopted in specific situations. Such alternatives include probation or a pretrial program. The court considers factors such as the statutory recommendation, the offender’s prior criminal record, sentencing benchmarks, and aggravating factors. These elements help separate non-violent or first-time offenders from repeat offenders. It also helps understand the nature and severity of the offense. First-time offenders or non-violent offenders are generally eligible for probation, which is given in place of incarceration. They may also be directed to perform restitution as an additional penalty.

Repeat offenders generally face a less flexible side of the law due to their perceived lack of remorse. The judge can also reject probation or bail for a repeat offender or someone with a prior felony conviction if they are seen as a flight risk or danger to public safety.

How Long Does a Third-Degree Felony Stay on Your Record?

A third-degree felony conviction in Rhode Island typically remains on your public records permanently, just like any other felony conviction. They are serious offenses and are treated as such for public safety. There is no law enabling the automatic removal of felony convictions from public records in Rhode Island. These records are maintained by the state courts and law enforcement databases, where the public can search or request copies. Through these agencies, your felony conviction records can be accessed by licensing boards, landlords, and employers. The permanence of third felony records on your public profile shows the long-term effect of such a conviction.

The presence of your conviction on your public record also limits certain civil rights, such as gun ownership rights. It makes it harder to obtain financial aid and certain immigration benefits even after the completion of the sentence. However, Rhode Island provides a path to sealing or expunging third felony convictions from your records if you are eligible. However, expungement is not automatic. You must file a petition and convince the court you are eligible. The process does not completely destroy the records. The conviction is typically removed from public access but generally remains accessible to law enforcement agencies and the court.

Can a Third-Degree Felony Be Sealed or Expunged in Rhode Island?

Yes, Rhode Island laws allow convicted individuals to remove third-degree felonies from their public records through the process of sealing or expungement. While some third-degree felonies are eligible for expungement, record sealing is mainly reserved for cases that were not charged or did not result in a conviction. According to Rhode Island General Laws § 12-1.3-2, expungement involves the complete and permanent removal of a conviction, which erases it from government archives and public access. The conditions for being eligible for expungement include the following:

• A first-time offender is generally eligible.
• The applicant must have completed the sentence, including parole and probation.
• Felony convictions require the applicant to wait for 10 years after completing the sentence.
• The applicant must not have been arrested, charged, or convicted for any other crimes within the 10-year waiting period.
• The applicant must demonstrate good moral conduct.

Record sealing is generally applied where the case was dismissed, the court passed a not guilty verdict, or a grand jury did not return an indictment. In such cases, the defendant can petition for record sealing immediately. This process does not completely erase the record but hides it from public access. This makes it accessible to law enforcement agencies and the judiciary for internal use.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Felonies are the most serious crimes that are punishable by more than 1 year of imprisonment. In Rhode Island, there is no general class of crimes based on the degree. The state provides laws that create first-degree, second-degree, and third-degree felonies with their elements and sentencing rules. First-degree felonies are the most serious crimes because they involve acts that cause serious harm or death. Some first-degree offenses are first-degree murder and first-degree sexual assault, which carry a maximum of life imprisonment. Second-degree crimes are less serious but contain elements of premeditation, serious harm, and violence. These offenses generally carry long prison sentences, but with early parole eligibility or wider judicial discretion during sentencing. Such offenses include manslaughter, which carries a maximum of 30 years imprisonment, and second-degree child abuse, which carries a maximum of 10 years imprisonment.

Third-degree felonies are the least severe felonies, typically involving misconduct that does not result in serious harm or violence. These offenses carry shorter prison sentences between 3 and 5 years and may include suspended sentences or probation for non-violent or first-time offenders. Examples of third-degree felonies include felony theft of property worth between $1,500 and $5,000 and forgery.

Probation and Parole for Third-Degree Felony Offenders

Probation and parole are available for offenders in Rhode Island. Individuals convicted of a third-degree felony offense may be qualified for parole or probation if they meet the required conditions. Parole involves suspension of a prison sentence while the offender serves the remaining time in the community under court supervision. Eligibility for parole begins with serving the minimum sentence set by the court for the offence. The offender must have been of good character and have been involved in prison programs such as education or job training. There must be a viable plan for release, which includes employment and accommodation. Offenders who are unable to show remorse and prove their rehabilitation are typically not eligible for parole.

Probation refers to an alternative sentencing to incarceration. This involves the court allowing an offender to remain in the community while under supervision. It is usually reserved for first-time or non-violent offenders. While on probation, there are certain conditions that must be complied with. Such conditions may be community service, avoiding further charges, or attending counseling. To be eligible, the offender must:

• Have committed a non-violent crime
• The defendant has no serious prior felony convictions
• The offender must agree to all the terms of the probation
• The sentence must allow for a deferred or suspended term
• The court must be satisfied that probation is a viable alternative to incarceration in the particular case