Felony vs Misdemeanor in Rhode Island: Tiers and Sentences (2026)

Rhode Island does not use lettered or numbered crime classes. R.I. Gen. Laws 11-1-2 sorts every offense by the punishment its statute allows: under the current text, an offense that may be punished by more than one year in prison or a fine of more than $1,000 is a felony, one punishable by up to one year or a fine of up to $1,000 is a misdemeanor, and two lower tiers cover petty misdemeanors and violations.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Rhode Island's General Laws classify offenses (11-1-1 and 11-1-2, including the amendment taking effect July 1, 2027), the sentencing and probation sections of chapter 12-19, the Superior Court Sentencing Benchmarks, and a few offense statutes as examples. It does not list the penalty for every offense (see the Rhode Island theft laws and Rhode Island assault and battery laws pages), parole, time limits for prosecution, record clearing, municipal ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Rhode Island

The four tiers are defined in a single sentence of R.I. Gen. Laws 11-1-2:

"Unless otherwise provided, any criminal offense which at any given time may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is declared to be a felony; any criminal offense which may be punishable by imprisonment for a term not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or both, is declared to be a misdemeanor; any criminal offense which may be punishable by imprisonment for a term not exceeding six (6) months or by a fine of not more than five hundred dollars ($500), or both, is declared to be a petty misdemeanor; and any offense which may be punished by only a fine of not more than five hundred dollars ($500) is declared to be a violation."

Two features matter. First, the test is the punishment the offense statute allows ("may be punished"), not the sentence a judge imposes. Second, under the current text either measure can make an offense a felony: a prison term of more than one year, or a fine of more than $1,000. Both features change in part on July 1, 2027, as described below.

The four tiers in Rhode Island

The table gives the limits that define each tier. Each offense statute sets the actual penalty within its tier.

These are the limits for the tiers themselves. The habitual criminal statute (12-19-21) and several offense statutes set higher or mandatory terms for some repeat convictions, described below.

For crimes recognized at common law that no statute punishes, 11-1-1 supplies the penalty: "Every person who shall be convicted of any offense which is a misdemeanor at common law shall be imprisoned for a term not exceeding one year or be fined not exceeding five hundred dollars ($500). Every person who shall be convicted of any offense which is a felony at common law shall be imprisoned for a term not exceeding five (5) years or be fined not exceeding five thousand dollars ($5,000)."

Examples of Rhode Island felony penalties

Because every offense carries its own penalty, the examples below show how individual statutes set them.

First-degree murder is the top of the system. Section 11-23-2 provides that "Every person guilty of murder in the first degree shall be imprisoned for life," and that a person guilty of first-degree murder in the circumstances it lists, such as murder "committed intentionally while engaged in the commission of another capital offense or other felony for which life imprisonment may be imposed," "shall be imprisoned for life and if ordered by the court pursuant to chapter 19.2 of title 12 that person shall not be eligible for parole from imprisonment." Second-degree murder carries "not less than ten (10) years and may be imprisoned for life." The Rhode Island life sentence page explains what a life term means there.

How a Rhode Island sentence is set

The court chooses within the statute's limits

Under 12-19-2(a), "Whenever it is provided that any offense shall be punished by a fine or imprisonment, the court imposing punishment may, in its discretion, select the kind of punishment to be imposed, and, if the punishment is fine or imprisonment, its amount or term within the limits prescribed by law."

After a plea of guilty or nolo contendere, the Superior Court may instead formally defer sentence under a written deferral agreement; it may then impose sentence only within five years of the agreement unless the person is found to have violated its terms (12-19-19(a)).

Superior Court Sentencing Benchmarks

Rhode Island's sentencing guidance comes from the Superior Court Sentencing Benchmarks, which the probation and violation statutes refer to as "judicial sentencing benchmarks" (12-19-8(b), 12-19-9(c)). The benchmarks explain how they work:

"The sentence range provided for each benchmark is presumed to be appropriate whenever the case under consideration involves the same criminal offense and the same key facts as the benchmark. ... Departures from the sentence range should be made only when substantial and compelling circumstances exist. If a conviction is covered by a benchmark and the sentence imposed is outside the sentence range, the judge must give specific reasons for the departure on the record."

For a covered offense, the statutory maximum is therefore the outer limit, not the typical sentence.

Habitual criminals

Under 12-19-21(a), a person "previously convicted in this or any other state of two (2) or more felony offenses arising from separate and distinct incidents and sentenced on two (2) or more occasions to serve a term in prison" who is then "convicted in this state of any offense punished by imprisonment for more than one year" is a "habitual criminal," punishable "for a term not exceeding twenty-five (25) years, in addition to any sentence imposed for the offense of which he or she was last convicted."

The procedure is in 12-19-21(b). The attorney general, "within forty-five (45) days of the arraignment, but in no case later than the date of the pretrial conference, may file with the court a notice" that the defendant is subject to the additional sentence. If the court finds "by a preponderance of the evidence presented that the defendant is a habitual criminal," the person "shall be sentenced by the court to an additional consecutive term of imprisonment not exceeding twenty-five (25) years," and "the court shall order the defendant to serve a minimum number of years of the sentence before he or she becomes eligible for parole."

Firearm escalators and the hate crime law

The firearm statutes in the table above carry their own repeat ladders. Under 11-47-3.2(a), a sentence for using a firearm while committing a crime of violence "shall be imposed consecutively to and not concurrently with any sentence imposed for the underlying crime or attempted crime, and the person shall not be afforded the benefits of deferment of sentence or parole; provided, that unless sentenced to life without the possibility of parole pursuant to subdivision (3) of this subsection, a person sentenced to life under this section may be granted parole." For the armed-crime statute, 11-47-3 states: "For the penalties provided in this section he or she shall not be afforded the provisions of suspension or deferment of sentence, nor of probation."

The Hate Crime Sentencing Act (12-19-38) applies after the prosecutor files notice "in no case later than the pretrial conference" and the hate motivation is found beyond a reasonable doubt at a sentencing hearing. For a misdemeanor, the person "shall be sentenced to not less than thirty (30) days mandatory imprisonment, nor more than one year imprisonment for that crime: and for this penalty, he or she shall not be afforded the provisions of filing, suspension of sentence, or probation" (12-19-38(b)-(c)). For a felony, the court adds a consecutive term of 1 to 5 years, never more than double the original penalty (12-19-38(d)).

Can a felony be reduced to a misdemeanor in Rhode Island?

The classification and sentencing sections described on this page, 11-1-2 and the chapter 12-19 sections on sentencing, probation and habitual criminals, contain no provision that converts a felony into a misdemeanor, the mechanism other states call a "wobbler." The tier follows from the punishment the offense statute allows.

Petty misdemeanors and violations

Below the misdemeanor tier, 11-1-2 defines a petty misdemeanor as "any criminal offense which may be punishable by imprisonment for a term not exceeding six (6) months or by a fine of not more than five hundred dollars ($500), or both," and a violation as "any offense which may be punished by only a fine of not more than five hundred dollars ($500)." From July 1, 2027, under P.L. 2026, ch. 189 and ch. 190, a petty misdemeanor will be an offense punishable by up to six months or solely by a fine of more than $500 and not more than $1,000.

The section describes felonies, misdemeanors and petty misdemeanors as a "criminal offense" but describes a violation only as an "offense," and it does not say in terms whether a violation is a crime.

How long is probation in Rhode Island?

The duration rule is in 12-19-8(b):

"The period of probation for a felony shall be set for a period of time as required by law, or in accordance with judicial sentencing benchmarks. The period of probation for a misdemeanor, where no sentence is imposed or where sentence is entirely suspended, may be for any period up to the maximum time of sentence provided by applicable statutes. Where sentence is imposed and suspended in part, the term ordered to be served and the period of probation together shall not exceed the maximum time of sentence provided by applicable statutes."

The benchmarks set the felony guide. Benchmark 37 states: "For felony offenses, other than crimes of violence, the term of probation should not exceed three years. Departures from the probation range should be made only when substantial and compelling circumstances exist." The benchmark does not apply where the court has imposed a no-contact order or a restitution order as a condition of probation, and its list of crimes of violence includes burglary, breaking and entering, robbery, arson and felony drug manufacture, sale or delivery, among others. That is a court benchmark, not a statutory cap.

For the District Court, 12-19-13 provides: "The period of probation, together with any extension, shall not exceed one year, except that probation may be for a longer period in cases in which the district court may by law impose a sentence longer than one year; provided, that the period of probation shall not exceed the longest sentence which the court may impose."

Probation is unavailable in several situations, among them:

• Mandatory life offenses: "Execution of sentence shall not be suspended, nor shall the defendant be placed on probation, if the offense is one punishable by mandatory life imprisonment" (12-19-11). The general suspension power in 12-19-8(a) itself applies "Except where the suspension of sentence shall otherwise be prohibited by law."
• Armed crimes of violence: 11-47-3 bars suspension, deferment and probation.
• Prohibited firearm possession: 11-47-5(d) bars suspension, deferment and probation.
• Repeat home break-in with residents present: 11-8-2.2(a) bars suspension, deferment and probation.
• Hate crime misdemeanors: 12-19-38(c) bars filing, suspension and probation for the mandatory term.
• Firearm used in a crime of violence: 11-47-3.2 bars deferment of sentence and parole.

Every person on probation is subject to basic conditions, the first of which is to "Obey all laws" (12-19-8.1(a)(1)).

What happens after a probation violation in Rhode Island?

Section 12-19-9(b) sets the hearing and the court's options:

"The court shall conduct a hearing within thirty (30) days of arrest unless waived by the defendant to determine whether the defendant has violated the terms and conditions of his or her probation, at which hearing the defendant shall have the opportunity to be present and to respond. Upon a determination by a fair preponderance of the evidence that the defendant has violated the terms and conditions of his or her probation, the court, in open court and in the presence of the defendant, may: (1) Remove the suspension and order the defendant committed on the sentence previously imposed, or on a lesser sentence; (2) Impose a sentence if one has not been previously imposed; (3) Stay all or a portion of the sentence imposed after removal of the suspension; (4) Continue the suspension of a sentence previously imposed; or (5) Convert a sentence of probation without incarceration to a suspended sentence."

Under 12-19-9(c), "The court shall sentence for a violation under subsection (b) of this section in accordance with judicial sentencing benchmarks."

For District Court probation imposed under 12-19-13, 12-19-14(a) has the Department of Corrections division of rehabilitative services decide when a technical violation that is not a new crime has occurred, and the division "may recommend that the time served up to that point is a sufficient response to a violation that is not a new, alleged crime." The section also lets the court hold the person without bail for up to ten days, excluding Saturdays, Sundays and holidays, if a new criminal charge is a violent crime, a domestic violence crime or a driving-under-the-influence crime, or if the court finds that public safety or appearance concerns warrant it. For probation imposed under 12-19-8, 12-19-9(a) lets the division make the same "time served" recommendation and lets the court hold the person without bail for up to ten days, excluding Saturdays, Sundays and holidays.

Recent changes

• Classification amendment (effective July 1, 2027): P.L. 2026, ch. 189 (H 7198 Sub A) and its identical Senate companion, P.L. 2026, ch. 190 (S 2047 Sub A), both enacted June 22, 2026, amend 11-1-2. Starting July 1, 2027, a misdemeanor will be "any criminal offense which may be punishable by imprisonment for a term of more than six (6) months and not exceeding three hundred sixty-four (364) days, or solely by a fine of more than one thousand dollars ($1,000), or both." The acts will also redefine a petty misdemeanor as an offense punishable by up to six months or solely by a fine of more than $500 and not more than $1,000. They will strike the fine clause from the felony definition, which will keep "more than one year" of imprisonment, and will add a new subsection (b): "Whenever the phrase 'one year' appears in any provision of the general or public laws in reference to the maximum sentence of imprisonment that may be imposed, such phrase shall mean, be interpreted as, and be applied as three hundred sixty-four (364) days." Until that date, the current text quoted above applies.
• Probation violations (2021 and 2022): P.L. 2022, ch. 234, art. 2, s. 5, effective June 28, 2022, amended 12-19-9, and P.L. 2021, ch. 162, art. 13, s. 1, effective July 6, 2021, amended 12-19-14.

Related legal issues in Rhode Island

Each offense statute sets its own penalty, and 11-1-2 sorts it into a tier. The Rhode Island theft laws page explains how larceny is graded, and the Rhode Island assault and battery laws page covers the assault offenses. For clearing an old record, see Rhode Island expungement laws. For the time limits on bringing charges, see the Rhode Island statute of limitations.

Federal gun law turns on the possible prison term: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Rhode Island theft laws
• Rhode Island assault and battery laws
• Rhode Island expungement laws
• Rhode Island life sentence
• Massachusetts felony and misdemeanor classes
• Connecticut felony and misdemeanor classes

This article provides general legal information about how Rhode Island statutes classify and punish offenses, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Rhode Island.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Rhode Island?

Under current R.I. Gen. Laws 11-1-2, a felony is an offense that may be punished by more than one year in prison or a fine of more than $1,000, and a misdemeanor one punishable by up to one year or a fine of up to $1,000, or both. From July 1, 2027, P.L. 2026, ch. 189 will remove the fine test from the felony definition and will cap the misdemeanor tier at 364 days.

Does Rhode Island have felony classes like Class A or Class B?

No. Section 11-1-2 sorts offenses into felonies, misdemeanors, petty misdemeanors and violations, and each offense statute sets its own penalty. Repeat-offender rules such as the habitual criminal statute (12-19-21) can add up to 25 more years.

What is a petty misdemeanor in Rhode Island?

Under 11-1-2, a petty misdemeanor is a criminal offense punishable by up to six months in prison or a fine of up to $500, or both. From July 1, 2027, P.L. 2026, ch. 189 will redefine it as an offense punishable by up to six months or solely by a fine of more than $500 and not more than $1,000.

Is a violation a crime in Rhode Island?

Section 11-1-2 defines a violation as an offense that may be punished by only a fine of up to $500. The section calls the other three tiers criminal offenses but uses the word offense, without the word criminal, for a violation, and it does not say in terms whether a violation is a crime.

Will a misdemeanor in Rhode Island still carry one year after 2027?

No. Under P.L. 2026, ch. 189, effective July 1, 2027, a misdemeanor will be an offense punishable by more than six months and not more than 364 days, or solely by a fine of more than $1,000, and any statute that refers to one year as a maximum prison sentence will mean 364 days.

Can a felony be reduced to a misdemeanor in Rhode Island?

The classification and sentencing sections described here (11-1-2 and chapter 12-19) contain no provision converting a felony into a misdemeanor. The tier follows from the punishment the offense statute allows.

How long is probation in Rhode Island?

For a felony, probation is set as required by law or in accordance with judicial sentencing benchmarks (12-19-8(b)), and Benchmark 37 says it should not exceed three years for felonies other than crimes of violence, absent substantial and compelling circumstances, and it does not apply where a no-contact or restitution order is a probation condition. For a misdemeanor, probation may run up to the maximum sentence the statute provides.

What happens if you violate probation in Rhode Island?

The court holds a hearing within 30 days of arrest unless the defendant waives it (12-19-9(b)). On finding a violation by a fair preponderance of the evidence, it may impose the suspended sentence or a lesser one, impose a sentence, stay part of it, continue the suspension or convert probation to a suspended sentence, sentencing in accordance with judicial sentencing benchmarks.

Does Rhode Island have a habitual offender law?

Yes. Under 12-19-21, a person with two or more prior felony convictions from separate incidents and two or more prior prison sentences, later convicted of an offense punished by more than one year, can receive an additional consecutive term of up to 25 years if the attorney general files a timely notice.