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Under R.I. Gen. Laws § 11-47-3, committing or attempting a crime of violence while armed with a firearm, explosive, or other dangerous weapon or substance carries escalating felony penalties.
These cases are tied closely to the underlying allegation. Attorney Leah J. Boisclair can review both the weapon allegation and the crime it is attached to.
Under § 11-47-3, committing or attempting a crime of violence while armed with or having available a firearm, explosive, noxious gas or liquid, or acid is a felony. A first conviction carries three to ten years; a second, ten to twenty years; and a third or subsequent, fifteen years to life — with no suspension, deferment, or probation.
Statutes and penalties can change, and federal law may also apply. An attorney can confirm the current statute and how it applies to your specific charge.
Every firearm case turns on its own facts. Attorney Leah J. Boisclair can review your charge and explain your options in plain English.
The state generally must prove the underlying crime of violence (or attempt) and that you were armed with, or had available, a dangerous weapon or substance as described. The defense often addresses the underlying charge as well.
No outcome can be guaranteed. The right approach depends on the specific facts; an attorney can review how the law may apply to your situation.
The penalties for a firearm conviction can be severe. The sooner you have an attorney, the more can often be done to protect your rights.
Firearm cases often turn on how the weapon was found and whether police followed proper procedure. Speaking with an attorney early can help protect your rights, preserve evidence and arguments such as a motion to challenge a search, prepare you for court, and avoid missteps that can affect the outcome.
Section 11-47-3 covers carrying or having available a firearm or other dangerous weapon or substance during a crime of violence, while section 11-47-3.2 specifically addresses using a firearm. Both can carry serious mandatory penalties.
Rhode Island defines 'crime of violence' in section 11-47-2, which lists many serious felonies. Whether the underlying charge qualifies is fact-specific.
Every case is different. Depending on the evidence, the legality of any search, and the facts, some charges may be challenged, reduced, or resolved another way. No outcome can be guaranteed; an attorney can review whether any options may apply.
You are generally not required to discuss the facts of your case with police without an attorney. It is usually wise to speak with a criminal defense attorney before answering questions.
A firearm conviction can affect your firearm rights under state and federal law. The specific impact depends on the conviction; an attorney can explain how a particular charge may affect you.
Bring any paperwork you received, such as the police report or arrest summary, your court notice or summons, bail paperwork, and anything related to the firearm. These help an attorney understand your situation quickly.
Related firearm charge pages for more help:
Criminal defense by Rhode Island county:
Speak with Attorney Leah J. Boisclair about your situation. Consultations are confidential, and early guidance can make a real difference.
This page is for general informational purposes only and does not create an attorney-client relationship. Rhode Island criminal laws can change, and the outcome of any case depends on the specific facts and circumstances. If you are facing a criminal charge, speak with a qualified Rhode Island criminal defense attorney about your situation.