Everything You Need to Know About Misdemeanors Versus Felonies in Rhode Island
If you or someone you love has just been charged with a crime in Rhode Island, you’re probably hearing two words thrown around a lot right now—misdemeanor and felony. You know one sounds worse than the other, but what does the difference mean for your life? For your freedom? For your future?
First, know that the fear and confusion you’re feeling right now are incredibly common. Rhode Island’s criminal justice system is complex, and the stakes here couldn’t be higher.
Remember that good people like yourself make mistakes sometimes. And even when that happens, you still deserve clear answers about what you’re up against.
As a Rhode Island criminal defense attorney with over 30 years of experience, and as a former Special Assistant Attorney General, I’ve seen this system from both sides. I know how charges get classified, why it matters enormously for your case, and what your options are. Here’s what you need to know.
What is the Difference Between a Misdemeanor and a Felony in Rhode Island?
Under Rhode Island General Laws § 11-1-2, the law draws a clear line between felony and misdemeanor charges based on the potential punishment:
- Any criminal offense punishable by more than one year in prison or a fine exceeding $1,000 is a felony.
- Any offense punishable by one year or less in jail and a fine of $1,000 or less is a misdemeanor.
Another important detail to know is that here in Rhode Island, felonies are not graded into classes the way they are in many other states. There’s no “Class A” or “Class B” felony.
Instead, every individual felony statute carries its own penalty range, which means the specific charge you’re facing has a huge impact on the potential consequences you might be hit with.
Misdemeanor cases (including arraignments and trials) are handled in the Rhode Island District Court. Felony cases are initially arraigned in District Court, but trials and resolutions move up to the Rhode Island Superior Court.
This isn’t just a procedural formality, to be clear. Different courts mean different judges, different prosecutors, and different procedural rules at every step.
Having worked as a prosecutor, I know exactly how state prosecutors approach each of these two categories differently—and that knowledge directly benefits my clients.
The Four Recognized Categories of Criminal Offenses in RI
Rhode Island law recognizes four distinct categories of criminal offenses, not just misdemeanors and felonies:
- Violation – Fine only, no jail time. Think minor traffic offenses and certain municipal infractions.
- Petty misdemeanor – Up to 6 months in jail and/or up to a $500 fine. Examples include disorderly conduct and minor marijuana possession.
- Misdemeanor – Up to 1 year in jail and/or up to a $1,000 fine. Examples include first-offense DUI, simple assault, and shoplifting under $1,500 in value.
- Felony – More than 1 year in prison and/or more than a $1,000 fine. Examples include felony assault, a third DUI offense, and breaking and entering.
Why Your Criminal Charge Classification Matters More Than You Think
The label on your charge isn’t just a label. It determines how your case moves through the Rhode Island criminal justice system, from how bail is set to how long you could be spending behind bars, and can even impact your life after your case is resolved.
You see, a felony conviction carries consequences that a misdemeanor simply does not. Let me be clear about what’s actually at stake here:
- Your right to own a firearm. A felony conviction strips your right to purchase or possess a firearm under both Rhode Island and federal law. A misdemeanor does not.
- Your right to vote. A felony conviction can affect your voting rights while incarcerated. A misdemeanor conviction does not.
- Your right to serve on a jury. A felony conviction can disqualify you from jury service—in many cases, permanently.
- Job applications. Many employers ask specifically whether you’ve ever been convicted of a felony, not just “any crime.” A misdemeanor lets you answer that question honestly with “no.” A felony does not.
- Housing. Federal housing assistance programs have specific felony exclusions that don’t apply to misdemeanor convictions.
- Professional licensing. Many licensing boards in Rhode Island treat felony convictions as categorical disqualifiers, not just factors to weigh.
- Immigration status. If you are not a U.S. citizen, a felony conviction creates significantly more severe immigration consequences (including deportation and inadmissibility) than a misdemeanor.
Classification also determines your path to eventually clearing your record.
For eligible first-time offenders, a misdemeanor conviction can generally be expunged after five years. A felony conviction typically requires a ten-year waiting period. Note that crimes of violence are not eligible for expungement under Rhode Island law.
That’s a significant difference when you’re trying to put this behind you—and it’s another reason why, regardless of whether you’re facing a felony or misdemeanor charge, expunging your record in Rhode Island is something you should learn about sooner rather than later.
Your Charge Classification is Just the Beginning
Your charge classification sets the course for everything—your time in court, your criminal record, and your ability to eventually put this behind you. This is exactly why understanding the classification matters so much, and why who you have fighting for you matters even more.
In over 30 years of defending criminal cases across Rhode Island, and having spent years as a prosecutor deciding which charges to bring against defendants, there is nothing I have not seen or defended. As your lawyer, I will always be the attorney standing next to you at every step, not an associate.
Don’t wait. Call me, S. Joshua Macktaz, Esq., at (401) 861-1155 for your free case consultation. I’m available 24/7—because I know these situations don’t wait for business hours.
FAQs About Misdemeanors and Felonies in Rhode Island
Can the same crime be charged as either a misdemeanor or a felony in Rhode Island?
Yes. Some crimes are classified based on the specific circumstances, the amount involved, the level of harm caused, or prior criminal history. For example:
- Shoplifting under $1,500 in value is a misdemeanor; over $1,500 is a felony
- DUI is a misdemeanor on a first or second offense, but becomes a felony on a third offense within five years
These are sometimes called “wobblers.” The initial classification is the prosecutor’s call, based on the specific facts— the value involved, the level of harm caused, your criminal history, etc. But an experienced defense attorney can often negotiate to have a wobbler resolved at the misdemeanor level, even after a felony charge has been filed.
Can a felony charge be reduced to a misdemeanor in Rhode Island?
Yes, and it happens more often than most people realize. Through plea negotiations, diversion programs like the Attorney General’s Diversion Program, and early intervention by an experienced attorney, felony charges can sometimes be reduced or resolved short of a conviction. The earlier you have a felony defense attorney in Rhode Island in your corner, the more options you typically have.
Do misdemeanors show up on background checks in Rhode Island?
Yes. A misdemeanor conviction creates a permanent criminal record and will appear on most standard background checks. That can affect:
- Employment applications
- Housing and rental decisions
- Professional licensing and certifications
This is exactly why Rhode Island misdemeanor defense should never be taken lightly— even if the charge sounds minor.
Do felonies always result in prison time in Rhode Island?
Not always, but the risk is very real, and outcomes depend heavily on the specifics of your case and the strength of your defense. Alternatives like deferred sentences, probation, and suspended sentences do exist in Rhode Island. But truthfully, the difference between walking out of that courtroom and serving prison time often comes down to the effectiveness of the attorney advocating for your freedom.
Is DUI a misdemeanor or felony in Rhode Island?
It depends on your history. A first or second DUI offense is typically charged as a misdemeanor in Rhode Island. A third DUI within a five-year period is a felony. Aggravating factors — like a very high BAC or an accident involving injury — can also affect how charges are pursued. If you’re facing DUI charges at any level, understanding where your case falls is critical. Learn more about DUI defense in Rhode Island and what your options are.
