Discharging a firearm from a motor vehicle is one of Rhode Island's most serious firearm offenses. Under R.I. Gen. Laws § 11-47-51.1, it is a felony that carries a lengthy mandatory prison term.
Because the stakes are so high, an early, thorough review of the evidence is critical. Attorney Leah J. Boisclair can examine the allegations and the proof behind them.
Under § 11-47-51.1, unlawfully discharging a firearm (or an incendiary or explosive device) from a motor vehicle in a way that creates a substantial risk of death or serious injury is a felony punishable by imprisonment for not less than ten nor more than twenty years and a fine of $5,000 to $50,000, with a ten-year mandatory minimum absent substantial and compelling circumstances.
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 that a firearm was discharged from a motor vehicle, that it was done unlawfully, and that it created a substantial risk of death or serious physical injury. Identity, intent, and the circumstances of the discharge are often contested.
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.
It is among the most serious firearm charges in Rhode Island, with a ten-to-twenty-year range and a ten-year mandatory minimum in many cases under section 11-47-51.1. Early legal help is critical.
Identity is often the central issue. The state must prove who discharged the firearm; weaknesses in identification or forensic evidence can be important to the defense.
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.