Providence Criminal Defense Lawyer

Most Rhode Island criminal cases fall into a few charge families. The statute sets the maximum penalty for each one. The summaries below give the statutory range and link to a page on each charge.

Assault and battery. Simple assault or battery under R.I. Gen. Laws § 11-5-3 carries up to one year in jail, a fine of up to $1,000, or both. Felony assault under § 11-5-2 means an assault with a dangerous weapon or one causing serious bodily injury. It carries up to 20 years for serious bodily injury and up to six years otherwise. Read our guide to Rhode Island assault and battery charges.

Larceny and shoplifting. Larceny penalties under § 11-41-5 rise with the value of the property. Property worth $1,500 or less carries up to one year, a fine of up to $500, or both. Property worth more than $10,000, or any firearm, carries up to 10 years, a fine of up to $5,000, or both. Shoplifting under § 11-41-20 is a misdemeanor on a first charge. The fine is at least $50 or twice the retail value, capped at $500, with up to one year in jail. A second shoplifting conviction involving merchandise worth more than $100 is a felony carrying up to five years. See our page on Rhode Island larceny and shoplifting charges.

No-contact order violations. When a person is charged with a domestic violence crime, the court or bail commissioner issues a no-contact order at release under § 12-29-4. Willful violation of that order is a misdemeanor. The order carries a legend that violation is a criminal offense and will lead to arrest. Learn how these cases work on our Rhode Island no-contact order violation page.

Domestic violence. Domestic violence is a label added to crimes such as simple assault, disorderly conduct or trespass when the parties are family or household members under § 12-29-2. A conviction, probation or a nolo filing adds a batterer's intervention program at your own expense and a $125 assessment under § 12-29-5. A second domestic violence misdemeanor carries 10 days to one year in jail. A third is a felony carrying one to 10 years, and those jail terms cannot be suspended. See Rhode Island domestic violence defense.

Drug charges. Possession of 10 grams or less of a controlled substance other than marijuana or buprenorphine is a misdemeanor carrying up to two years and a fine of up to $500, and more than 10 grams but less than one ounce is a felony carrying up to three years and a fine of up to $5,000, under § 21-28-4.01(c)(2). Delivery, manufacture or possession with intent to deliver a schedule I or II drug carries up to 30 years under § 21-28-4.01(a). The maximum is life for a person who is not drug-addicted. Our Rhode Island drug charge lawyer page explains possession, delivery and intent.

Firearms. Carrying a pistol or revolver without a license carries one to 10 years, a fine of up to $10,000, or both under § 11-47-8(a). Possessing a firearm while delivering, manufacturing or possessing drugs with intent to deliver adds two to 20 years under § 11-47-8(c), served consecutively to the drug sentence. See firearms and weapons defense.

DUI. Driving under the influence is a misdemeanor on a first offense under § 31-27-2, and misdemeanor DUI cases are heard in District Court. For a first offense with a BAC of 0.08 but under 0.10, the fine is $100 to $300. The sentence includes 10 to 60 hours of public community restitution and/or up to one year in jail, plus a license suspension of 30 to 180 days. The penalties rise with the BAC and with prior offenses. Read our Rhode Island DUI defense page.

Probation violations. A new arrest or a missed condition while on probation can bring a violation hearing on the original case. That hearing is separate from any new charge and has its own preparation. See Rhode Island probation violation defense.

Disorderly conduct and trespass. Disorderly conduct under § 11-45-1 covers fighting, threatening, loud and unreasonable noise, and obstructing a street or entrance. It carries up to six months, a fine of up to $500, or both. Willful trespass under § 11-44-26 means remaining on land or premises after being told to leave. It carries up to one year, a fine of up to $1,000, or both. Both become domestic violence charges when the complainant is a family or household member. Read the separate guides to Rhode Island disorderly conduct charges and Rhode Island trespass charges.

Stolen vehicles and parts. If your papers concern a vehicle or its parts, start with our Rhode Island stolen vehicle charge guide. Bring the charging document so counsel can identify the allegation.

Driving offenses. Our Rhode Island reckless driving charge guide separates criminal driving charges from civil traffic matters.

Expungement and sealing. Once a case ends, Rhode Island law may let you expunge a conviction or seal a non-conviction. Our Rhode Island expungement page covers eligibility, waiting periods and how to file.

Rhode Island breaking and entering charges. Review entry allegations and the related court process in our Rhode Island breaking and entering charges guide.

Rhode Island robbery charges. Review the degree of the allegation and related proceedings in our Rhode Island robbery charges guide.

Rhode Island deferred sentences. Compare written deferral terms, completion and record review in our Rhode Island deferred sentences guide.

Rhode Island bail hearings. Review arraignment bail, violation holds and the papers to bring in our Rhode Island bail hearings guide.

Rhode Island sexual assault charges. Read the clinical guide to the allegations, court process and related records in our Rhode Island sexual assault charges guide.

Rhode Island classifies crimes by the maximum punishment, not by the name of the offense. Under R.I. Gen. Laws § 11-1-2, a felony is any crime punishable by more than one year in prison or a fine of more than $1,000. A misdemeanor is punishable by up to one year, a fine of up to $1,000, or both. A petty misdemeanor is punishable by up to six months, a fine of up to $500, or both. A violation is punishable only by a fine of up to $500.

The classification decides which court handles the case. The District Court has jurisdiction over crimes punishable by up to one year or a fine of up to $1,000 under § 12-3-1. Adult misdemeanors are arraigned and tried there. Felonies are first brought before the District Court for bail. They then move to the Superior Court for arraignment, motions and trial.

Where you appear depends on the county. Providence County misdemeanors are arraigned at the Garrahy Judicial Complex at 1 Dorrance Plaza. Kent County cases go to the Noel Judicial Complex in Warwick. Washington County cases go to the McGrath Judicial Complex in Wakefield. Newport County cases go to the Murray Judicial Complex. Providence County felonies move to the Superior Court at the Licht Judicial Complex at 250 Benefit Street.

A misdemeanor is not minor. A conviction appears on a background check and can affect work, housing, licensing and immigration status.

A Rhode Island criminal case moves through a set sequence. Knowing the stages helps you prepare for each one. The steps below describe the usual path for a state charge.

1. Arraignment. The arraignment is the court appearance where you are formally told the charge and asked to enter a plea, usually not guilty. In Rhode Island District Court, bail is usually addressed at this first appearance. The judge states the charge and tells you that you have the right to a lawyer and the right not to make a statement. On a misdemeanor you plead not guilty, guilty or, with the court's consent, nolo contendere. On a felony, no plea is taken in District Court. The judge sets bail and the case moves to the Superior Court, where you are arraigned again. If you appeared before a bail commissioner while court was closed, you still have a later District Court date.
2. Bail. The Rhode Island Constitution says people held on criminal charges ought to be bailed. The exceptions, when the proof of guilt is evident, are offenses punishable by life, certain repeat dangerous-weapon offenses and serious drug offenses. The judge weighs the charge, the weight of the evidence, your ability to pay, your character and your ties to the community. If you cannot post bail, § 12-13-1.3 allows pretrial release on non-monetary conditions such as supervision. Every bail carries the condition that you keep the peace and be of good behavior.
3. Pretrial conference. After a not-guilty plea, the District Court schedules a pretrial conference. The prosecutor and the defense exchange information and discuss whether the case will resolve or proceed. In Superior Court, Rule 16 provides for specified disclosures on a written defense request.
4. Motions. A supported motion can challenge a search, a statement, an identification or another legal issue before trial. Suppression of evidence and dismissal of a charge are different rulings. The effect of a successful motion depends on what evidence remains.
5. Trial. If the case goes to trial, the prosecution must prove guilt beyond a reasonable doubt. If the charge carries more than six months in jail, you have the right to a jury trial. If a District Court judge decides the case instead and finds you guilty, you can appeal to the Superior Court for a new trial before a jury.
6. Disposition. A case ends by dismissal, acquittal, a plea or a verdict. Rhode Island also allows dispositions that avoid a conviction, described in the next section. Any sentence must stay within the statutory range for the charge.

A plea entered at arraignment can affect your record, your license and your immigration status. The court must tell you that a guilty or nolo contendere plea may affect immigration status if you are not a U.S. citizen. Our guide to what happens at an arraignment in Providence walks through the hearing, what to bring and how bail works.

Rhode Island law offers two dispositions that can end a case without a conviction on your record. Both come with conditions, and both are described here as the statutes state them. Whether either is offered depends on the charge, the prosecutor and the court.

Filing under R.I. Gen. Laws § 12-10-12. A District Court or Superior Court judge may place a complaint on file. The statute excludes felony complaints, complaints against a person already convicted of a felony and private complaints. The court sets the filing period, which cannot be longer than the maximum jail sentence for the charge. The court may attach conditions such as services for the public good. Every filing requires that you keep the peace, be of good behavior and pay all outstanding court fees, fines, costs and assessments unless the court reduces or waives them.

If you violate a condition, the court may impose a sanction or resurrect the complaint. If you pleaded guilty or nolo contendere before the filing, the court may then sentence you. If no action is taken during the filing period, the complaint is automatically expunged and no criminal record results. One exception applies: a guilty plea or a finding of guilty stays admissible in a civil lawsuit for a tort. Our post on Rhode Island criminal filing conditions and records explains what the paperwork looks like.

Filings in domestic violence cases run differently. Under § 12-29-4(d), a domestic violence filing is conditioned on keeping the peace and being of good behavior for three years. The records cannot be expunged or sealed for three years from the filing date. Under § 12-10-12(d), if you are not charged with a new domestic violence crime within those three years, the records are expunged without a motion.

Deferred sentence under R.I. Gen. Laws § 12-19-19. A deferred sentence is available only in the Superior Court after a plea of guilty or nolo contendere. You and the court sign a written deferral agreement that is filed with the clerk. The court may impose sentence only within five years of the agreement, unless you are found to have violated its terms during that period. A violation is decided under the procedures for a probation violation, and the court may impose a sanction or impose sentence.

If the court finds after a hearing that you completed every term, you become immediately eligible for consideration for expungement under §§ 12-1.3-2 and 12-1.3-3. Completion includes payment in full of fines, fees, costs, assessments and restitution. Our post on Rhode Island deferred sentence terms and completion covers what completion requires.

A police report is a starting point, not the evidence. Each stage of the investigation can be tested. The questions below are the ones we ask in nearly every Rhode Island case.

If a device was taken, our post on police phone searches after a Rhode Island arrest explains why seizing the phone and reviewing its contents raise separate questions. Write a private chronology for your lawyer. Preserve original messages, photographs and receipts. Identify any business or camera that may have recorded the event. Do not post about the case.

If an investigator asks for an interview or documents, keep the request and discuss it with counsel before responding. A subpoena or court order should not be ignored.

A Rhode Island case can follow you after it ends. The state offers two tools for removing it from public view: expungement of convictions and sealing of non-convictions.

Rhode Island has different conviction-expungement routes under chapter 12-1.3, as amended by P.L. 2026, chapter 171 and chapter 172. The ordinary first-offender periods are five years after completing a misdemeanor sentence and ten years after completing a felony sentence, subject to conditions and exclusions. The two-to-five-misdemeanor route uses ten years after the last sentence and has its own felony-history qualification and excluded offenses. A separate limited two-to-four-felony route uses fifteen years after the last sentence and excludes the specified domestic-violence, DUI/refusal, crime-of-violence and other-prohibited offenses. Court findings are required; the record must be reviewed before selecting a route. See the Rhode Island expungement guide for the separate procedures.

Sealing covers cases that ended without a conviction. Under § 12-1-12.1, a District Court dismissal under Rule 48(a) entered on or after January 1, 2023 is sealed automatically between 10 and 20 days after the dismissal. Acquittals and other dismissals require a motion with 10 days' notice to the attorney general and the arresting police department.

Our Rhode Island expungement lawyer page covers eligibility, the waiting-period table, what the court must find at the hearing and how to file.

DiLibero & Associates also defends criminal cases in Massachusetts. Lisa DiLibero, Esq. is admitted in Massachusetts and handles the firm's Massachusetts matters. Massachusetts uses different courts, procedures and record rules, including clerk-magistrate hearings, dangerousness hearings and continuances without a finding. Start with our Massachusetts criminal defense lawyer page for those cases.

For a separate charge there, read our Massachusetts assault and battery, 209A order violation, drug charge and gun charge guides.

When comparing counsel, ask which attorney would handle your matter and appear with you. Identify the court and whether you are under investigation, already charged, awaiting a hearing or considering an appeal. Ask whether the firm can assess the next known date and who will respond if your attorney is unavailable.

Discuss communication and the proposed scope of representation before deciding. Read the written engagement terms and confirm which stage and work they cover. The Rhode Island Judiciary's Attorney Resources page offers an attorney search for an independent registration check. For a federal investigation or charge, see our federal criminal defense page.

For the first meeting, bring what you have. You do not need a complete file before calling.

If you are calling for someone else, identify the person seeking representation and your relationship at the first contact. We check for conflicts before discussing sensitive facts.

DiLibero & Associates practices from 130 Dorrance Street in Providence, a short walk from the Garrahy Judicial Complex. Dylan C. DiLibero, Esq. handles the firm's Rhode Island criminal defense work. He is admitted in Rhode Island, Massachusetts and New Jersey, in the U.S. District Courts for Rhode Island, Massachusetts and New Jersey, and in the U.S. Courts of Appeals for the First, Second and Third Circuits. Lisa DiLibero, Esq. is admitted in Massachusetts.

Federal cases in Rhode Island are heard at the U.S. District Court for the District of Rhode Island. The first consultation is free. Call 401-621-9700 or request a consultation online, and we check for conflicts before discussing the facts of your matter.