Charges and sentences
Felony and misdemeanor classes in Rhode Island
Rhode Island does not sort felonies or misdemeanors into classes or degrees. Its general law has four levels (felony, misdemeanor, petty misdemeanor and violation), set by how much prison time or fine an offense allows. Each crime's own law sets the actual penalty.1
Checked October 29, 2026 against Rhode Island's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Rhode Island, an offense is a felony if it can be punished by more than one year in prison or by a fine of more than $1,000, unless the law says otherwise.1
- Felony theft starts at
- More than $1,500How theft is graded
- When a DUI is a felony
- A third or later DUI within 10 years is a felony. With an alcohol level of 0.08% to under 0.15% (or an unknown level, or a controlled substance in the blood), the sentence is 1 to 3 years in jail. With an alcohol level of 0.15% or more, or when under the influence of drugs, it is 3 to 5 years. A first or second DUI is generally a misdemeanor.2
Felony categories in Rhode Island
| Class | Prison | Fine | The law |
|---|---|---|---|
| Felony | More than 1 year; the maximum is set crime by crimeThere are no felony classes. Each crime's own law sets its prison term and fine. | Set crime by crime (a fine over $1,000 can also make an offense a felony) | R.I. Gen. Laws § 11-1-21 |
Misdemeanor classes in Rhode Island
| Class | Jail | Fine | The law |
|---|---|---|---|
| Misdemeanor | Up to 1 yearThis is the general definition. A crime's own law can set a different penalty. From July 1, 2027, the maximum becomes 364 days. | Up to $1,000 | R.I. Gen. Laws § 11-1-21 |
| Petty misdemeanor | Up to 6 months | Up to $500 | R.I. Gen. Laws § 11-1-21 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Violation | Fine only, up to $500A violation conviction does not give rise to any disability or legal disadvantage based on a criminal conviction. | R.I. Gen. Laws §§ 11-1-2, 11-1-2.11 |
Good to know
The four levels are only a default. Rhode Island sets prison terms and fines crime by crime, so two felonies can carry very different maximums.1
A conviction for a violation (a fine-only offense) does not give rise to any disability or legal disadvantage based on conviction of a criminal offense.3
A 2026 law changes these definitions on July 1, 2027. The misdemeanor maximum becomes 364 days, a felony will be defined only by a prison term of more than one year (no longer by a fine over $1,000), and any law that sets a maximum of "one year" will be read as 364 days.4
When theft is a felony in Rhode Island
Larceny (theft) of property worth more than $1,500 is a felony. The maximum is 3 years for more than $1,500 and under $5,000, 6 years for more than $5,000 and under $10,000, and 10 years above $10,000 or for any firearm. At $1,500 or less, the maximum is 1 year in prison, a $500 fine, or both.5
R.I. Gen. Laws § 11-41-5(a) · Felony theft amounts in every state
DUI in Rhode Island
Rhode Island's law is titled driving under influence of liquor or drugs (DUI).
- Repeat offenses
- A third or later DUI within 10 years is a felony. With an alcohol level of 0.08% to under 0.15% (or an unknown level, or a controlled substance in the blood), the sentence is 1 to 3 years in jail. With an alcohol level of 0.15% or more, or when under the influence of drugs, it is 3 to 5 years. A first or second DUI is generally a misdemeanor.
- Which past offenses count
- 10 years for the third-or-later felony.
- Other felony versions
- DUI resulting in death is punished by 5 to 15 years for a first violation. DUI resulting in serious bodily injury is punished by 1 to 10 years. DUI while the license is suspended or revoked for DUI is a felony with up to 3 years. A second or later DUI with a child under 13 as a passenger is a felony with up to 5 years.
R.I. Gen. Laws §§ 31-27-2, 31-27-2.2, 31-27-2.62 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Rhode Island?
In Rhode Island, an offense is a felony if it can be punished by more than one year in prison or by a fine of more than $1,000, unless the law says otherwise.
What is a felony in Rhode Island?
In Rhode Island, the prison range for a felony is more than 1 year; the maximum is set crime by crime, and the fine is set crime by crime (a fine over $1,000 can also make an offense a felony). There are no felony classes. Each crime's own law sets its prison term and fine.
What is a misdemeanor in Rhode Island?
In Rhode Island, the jail range for a misdemeanor is up to 1 year, and the fine is up to $1,000. This is the general definition. A crime's own law can set a different penalty. From July 1, 2027, the maximum becomes 364 days.
What is a petty misdemeanor in Rhode Island?
In Rhode Island, the jail range for a petty misdemeanor is up to 6 months, and the fine is up to $500.
How much theft is a felony in Rhode Island?
Larceny (theft) of property worth more than $1,500 is a felony. The maximum is 3 years for more than $1,500 and under $5,000, 6 years for more than $5,000 and under $10,000, and 10 years above $10,000 or for any firearm. At $1,500 or less, the maximum is 1 year in prison, a $500 fine, or both.
Is a DUI a felony in Rhode Island?
A third or later DUI within 10 years is a felony. With an alcohol level of 0.08% to under 0.15% (or an unknown level, or a controlled substance in the blood), the sentence is 1 to 3 years in jail. With an alcohol level of 0.15% or more, or when under the influence of drugs, it is 3 to 5 years. A first or second DUI is generally a misdemeanor. DUI resulting in death is punished by 5 to 15 years for a first violation. DUI resulting in serious bodily injury is punished by 1 to 10 years. DUI while the license is suspended or revoked for DUI is a felony with up to 3 years. A second or later DUI with a child under 13 as a passenger is a felony with up to 5 years.
These are the general ranges in Rhode Island's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Rhode Island" https://secondchanceindex.com/felony-classes/rhode-island, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- R.I. Gen. Laws § 11-1-2
- R.I. Gen. Laws §§ 31-27-2, 31-27-2.2, 31-27-2.6
- R.I. Gen. Laws § 11-1-2.1
- P.L. 2026, ch. 189 (H 7198 Sub A) and ch. 190 (S 2047 Sub A), amending R.I. Gen. Laws § 11-1-2
- R.I. Gen. Laws § 11-41-5(a)
- R.I. Gen. Laws § 31-27-2.2, Driving under the influence of liquor or drugs, resulting in deathRhode Island General Assembly
- R.I. Gen. Laws § 31-27-2.6, Driving under the influence of liquor or drugs, resulting in serious bodily injuryRhode Island General Assembly
- P.L. 2026, ch. 190 (2026-S 2047 Sub A), Relating to criminal offenses -- general provisionsRhode Island General Assembly