--- title: "RI Felony Criminal Defense Attorney" url: https://www.chadbanklaw.com/ri-felony-criminal-defense/ date: 2014-11-10 modified: 2026-07-09 author: "The Law Office of Chad F Bank" image: https://www.chadbanklaw.com/wp-content/uploads/2014/11/rhode-island-felony-crimes-scaled.jpg type: page lang: en --- # RI Felony Criminal Defense Attorney ## Providence Rhode Island Felony Criminal Defense Attorney !(https://www.chadbanklaw.com/wp-content/uploads/2014/11/rhode-island-felony-crimes.jpg) Felony crimes are unique in the severity and penalties carried with each judgment. Hiring an experienced Rhode Island Felony Criminal Defense Attorney is crucial. These crimes are viewed as more serious criminal activity due to their sometimes violent nature. By definition the term felony means a serious crime. These crimes usually include burglary and murder and are classified by much graver character. Some felony crimes unlike (https://www.chadbanklaw.com/misdemeanor-crimes/), are punishable by long terms of (https://en.wikipedia.org/wiki/Imprisonment). Although the penalties associated with felonies may vary from state to state the state of Rhode Island clearly defines the minimum and maximum sentencing for felony crimes. The Law Office of Chad F Bank defends clients against all Rhode Island Felony Charges. We defend clients in courts throughout the entire state of Rhode Island. A felony conviction can have devastating effects on your reputation career and personal relationships. It is critical to hire an experienced and capable Felony Criminal Defense Attorney if you have been charged with a felony. (https://www.chadbanklaw.com/) Chad F Bank will fight aggressively for clients involved in these cases. Our goal is to resolve your case with the lowest penalty possible for the best possible outcome. ## Felony Crimes - (https://www.chadbanklaw.com/dui-bodily-injury-death/) - (https://www.chadbanklaw.com/motor-vehicle-theft/) - (https://www.chadbanklaw.com/domestic-assault-lawyer/) - (https://www.chadbanklaw.com/computer-crimes-lawyer/) - (https://www.chadbanklaw.com/larceny/) - (https://www.chadbanklaw.com/assault/) - (https://www.chadbanklaw.com/rhode-island-robbery-attorney/) - (https://www.chadbanklaw.com/burglary/) - (https://www.chadbanklaw.com/fraud/) - (https://www.chadbanklaw.com/kidnapping-defense/) - (https://www.chadbanklaw.com/rhode-island-sex-offenses-attorney/) - (https://www.chadbanklaw.com/providence-rhode-island-drug-crime-lawyer/) ## What Makes a Felony Different in Rhode Island A felony in Rhode Island is any offense punishable by more than one year in prison. Misdemeanors carry a maximum of one year in jail. That single line decides everything else about your case. Felony cases are heard in Rhode Island Superior Court. Misdemeanor cases stay in District Court. Superior Court judges have wider sentencing exposure, tougher discovery rules, and access to enhanced penalties that District Court judges cannot impose. A Rhode Island felony defense lawyer who spends every week in Superior Court knows the judges, the prosecutors, and the local practices that decide how these cases go. ## Categories of Felonies Rhode Island Prosecutes Rhode Island felony charges cover a wide range of serious offenses. Assault and battery with a dangerous weapon, aggravated assault, drug possession with intent to distribute, drug trafficking under §21-28-4.01, homicide including murder and manslaughter, sexual assault, child pornography, grand larceny, robbery, burglary, and weapons charges under §11-47-8 all sit at the felony level. The specific elements of each charge, the possible defenses, and the sentencing exposure all vary. A skilled Rhode Island felony defense lawyer will evaluate the facts of your case against the specific statute charged and explain the realistic options. ## How Rhode Island Superior Court Sentences Felonies Unlike the federal system, Rhode Island does not have mandatory sentencing guidelines. The Superior Court uses Sentencing Benchmarks, first adopted in 1981 and updated between 1995 and 1997. The Benchmarks give the judge a presumptive sentence range for common felony offenses. The judge is not required to follow the Benchmark, but if the judge departs upward or downward, the court must state substantial and compelling circumstances on the record. Each year, under Rhode Island General Laws §12-19.3-2, the Superior Court adopts presumptive sentences for the felonies that made up more than five percent of the court's criminal caseload the year before. This annual review keeps the ranges current with real case volume. A Rhode Island felony defense lawyer familiar with the Benchmarks can predict where your case is likely to land and build the mitigation package that argues for the low end of the range. ## Habitual Offender Enhancement Under §12-19-21 Rhode Island imposes a serious enhancement for repeat felony offenders. Under R.I. Gen. Laws §12-19-21, a person convicted of a third felony may face an additional sentence of up to 25 years. The Rhode Island Supreme Court has clarified in State v. Chielli that this habitual offender enhancement is mandatory when triggered. The additional 25-year exposure is imposed on top of the sentence for the underlying felony. A prior record that seemed manageable can turn a five-year sentence into a thirty-year sentence overnight. Anyone with prior felony convictions who now faces new charges needs to understand this exposure before making any decisions. A defense lawyer can argue against enhancement application when the prior convictions do not meet the strict statutory criteria, or raise a proportionality argument under the Rhode Island Constitution. ## First-Time Felony Offender Alternatives Under §12-19-2(b) Not every felony conviction leads to state prison. Rhode Island General Laws §12-19-2(b) allows certain first-time offenders to be sentenced to minimum-security overnight facilities. This alternative lets you continue working during the day and return to the facility at night. Employment stays intact. School stays possible. Family responsibilities can still be met. The alternative is not automatic. Eligibility depends on the nature of the offense, your criminal history, and the judge's discretion. A defense lawyer who has argued this option successfully knows how to present evidence of employment, stable housing, family ties, and community involvement in a way that moves the judge toward the alternative. ## The Rhode Island Adult Diversion Program Rhode Island runs an Adult Diversion Program through the Attorney General's Office in partnership with Superior Court. The program is a voluntary alternative to prosecution. Participants who complete the program successfully have their charges dismissed and become eligible to seal the record. The program was expanded in January 2020 to broaden the eligibility criteria and allow referrals from judges and defense lawyers, not just the Attorney General. Under the current rules, a person with up to two prior felony convictions in the past five years can potentially qualify. That is a significant change from the older version, which barred anyone with any prior felony. The offenses that qualify include breaking and entering a business, credit card fraud, embezzlement over $100, larceny over $500, forgery, obtaining goods under false pretenses, possession of a controlled substance in Schedule I through V, driving a motor vehicle without consent, and violations of banking laws over $1,000. Violent crimes and sex offenses are excluded from the program. Once admitted, participants sign a Diversion Participation Agreement. Weekly reporting to a diversion officer, no new arrests, and payment of restitution to any victim are standard conditions. Counseling, education, or community service can be added based on the specific case. Successful completion results in dismissal. Termination for a violation results in prosecution on the original charges. As of December 2020, the program had 410 active participants, and 998 cases were referred to diversion that year, with 44 percent involving an underlying drug offense. ## The Pre-Sentencing Investigation and Sentencing Hearing Rhode Island felony sentencing follows a structured process. It usually begins with a pre-sentencing investigation, called a PSI. The PSI report gives the judge a detailed picture of your background, prior record, employment, family, and the specific circumstances of the offense. A well-prepared PSI report with strong mitigation evidence can move the sentence significantly. The sentencing hearing follows the PSI. Both sides argue. The judge may hear victim impact statements. After considering everything, the judge announces the sentence. A Rhode Island felony defense lawyer can identify inaccuracies in the PSI, correct them on the record, and present mitigation that gives the judge room to work within the low end of the Benchmark range. ## Appealing a Felony Conviction to the Rhode Island Supreme Court If you are convicted of a felony in Superior Court, the appeal window is short. Under Rule 4(b) of the Rhode Island Supreme Court Rules of Appellate Procedure, a notice of appeal must be filed within 20 days after entry of judgment. That clock does not start when the sentence is pronounced. It starts when the clerk enters the final judgment on the docket. Missing the 20-day deadline typically forfeits your right to appeal. The Rhode Island Supreme Court hears felony appeals from Superior Court. The review is limited to legal errors that occurred at trial. You cannot introduce new evidence. You cannot re-argue the facts. Common appealable errors include improper admission of evidence, incorrect jury instructions, prosecutorial misconduct, and violations of constitutional rights. To succeed, the error must have affected the outcome. ## The Final Judgment Requirement Under State v. Brown Rhode Island law allows an appeal only from a final judgment. In a criminal case, a final judgment exists only after the sentence has been imposed and entered by the clerk. If the court has accepted a guilty plea or returned a verdict but has not yet sentenced you, there is no final judgment and no appeal can be taken until sentencing. The Rhode Island Supreme Court confirmed this rule in State v. Brown, 899 A.2d 517 (R.I. 2006). If you and your lawyer are planning an appeal, verify that the final judgment has been entered before filing the notice. Filing too early can be as fatal as filing too late. Under §12-19.3-3 and §12-19.3-4, a defendant has 20 days to appeal an upward departure from the presumptive Benchmark range. The state has 20 days to appeal a downward departure. Both deadlines run from entry of judgment. A Rhode Island felony defense lawyer will track these dates from the moment of sentencing to preserve every appeal option. ## Federal Felony Appeals to the First Circuit If your felony conviction occurred in federal court in the District of Rhode Island, the appeal process runs on federal rules, not state rules. Federal criminal appeals go to the First Circuit Court of Appeals. Under the Federal Rules of Appellate Procedure, the notice of appeal must be filed within 14 days after entry of judgment. Federal sentencing itself follows the U.S. Sentencing Commission Guidelines, which the Supreme Court made advisory in Booker and Fanfan in 2005. Federal judges must still consider the factors under 18 U.S.C. §3553(a), including the nature of the offense, your history, and the need for deterrence. Federal prisoners can earn good time credit of 54 days per year after the first year, which results in serving roughly 80 to 90 percent of the imposed sentence. Anyone facing exposure in both state and federal court needs a defense lawyer who understands how the two systems interact. ## Constitutional Protections at Felony Sentencing The Rhode Island Constitution provides important protections at sentencing. Article 1, Section 8 prohibits excessive fines and cruel punishments. It also requires that punishments be proportional to the offense. The proportionality standard can be used to challenge a sentence that seems disproportionate to the crime or to sentences imposed on similarly situated defendants. This is especially important when the state seeks the maximum enhancement under the habitual offender statute. A Rhode Island felony defense lawyer who raises proportionality arguments backed by comparison sentencing data can sometimes move a judge away from the maximum exposure. The Law Office of Chad F Bank is available for you 24 hours a day 7 days a week. If you have been charged with a felony crime contact (https://www.chadbanklaw.com/) Chad F Bank at 401-573-2265 ## Frequently Asked Questions What types of felony cases does Chad Bank handle?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-04-15T01:46:51-04:00 ## [ **** What types of felony cases does Chad Bank handle? ](#collapse-1-7761) We defend clients accused of drug felonies, violent crimes, DUI felonies, sex offenses, firearms charges, white-collar crimes, burglary, and more. Why should I choose Chad F Bank as my Rhode Island felony defense lawyer?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-04-15T01:47:39-04:00 ## [ **** Why should I choose Chad F Bank as my Rhode Island felony defense lawyer? ](#collapse-1-7763) With over 1,000 five-star reviews and a proven track record in serious criminal cases, we are recognized as one of the top felony defense firms in Rhode Island. We provide aggressive, personalized representation and treat every client like family. What are the penalties for a felony conviction in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-04-15T01:48:03-04:00 ## [ **** What are the penalties for a felony conviction in Rhode Island? ](#collapse-1-7766) Penalties vary widely depending on the charge. They can include years in state prison, large fines, probation, loss of gun rights, loss of voting rights, and difficulty finding employment or housing. Our goal is always to avoid a felony conviction whenever possible. Should I speak to the police if I’m charged with a felony in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-04-15T01:48:31-04:00 ## [ **** Should I speak to the police if I’m charged with a felony in Rhode Island? ](#collapse-1-7768) No. You should politely decline to answer questions and immediately contact a Rhode Island felony defense lawyer. Anything you say can and will be used against you. Let your attorney handle all communication with law enforcement and prosecutors. How long does a felony stay on your record in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-04-15T01:49:05-04:00 ## [ **** How long does a felony stay on your record in Rhode Island? ](#collapse-1-7770) A felony conviction in Rhode Island is generally permanent unless the case is dismissed, you receive a pardon, or (in limited cases) it qualifies for expungement. That’s why having an experienced Rhode Island felony defense lawyer early is critical. Can a Rhode Island felony charge be reduced to a misdemeanor?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-04-15T01:49:27-04:00 ## [ **** Can a Rhode Island felony charge be reduced to a misdemeanor? ](#collapse-1-7773) Yes — many felony cases are reduced to misdemeanors through skilled negotiation or dismissed entirely. A strong Rhode Island felony defense lawyer can often achieve this by challenging evidence, unlawful searches, or procedural errors. What is considered a felony in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-04-15T01:49:49-04:00 ## [ **** What is considered a felony in Rhode Island? ](#collapse-1-7776) In Rhode Island, felonies are serious crimes punishable by more than one year in prison. Common felonies include drug distribution, robbery, assault with a dangerous weapon, sexual assault, burglary, and certain DUI offenses (such as 3rd offense DUI or DUI causing injury/death). ## Felony Defense Office Location ## RI Felony Defense Attorney The Law Office of Chad F Bank $ https://www.chadbanklaw.com/wp-content/uploads/2019/01/The-Law-Office-of-Chad-F-Bank-Rhode-Islands-Highest-rated-DUI-and-Criminal-Defense-Lawyer.jpg 127 Dorrance St Providence, RI 02903 Phone: 401-573-2265