Using a Firearm When Committing a Crime of Violence in Rhode Island

What This Charge Means


Rhode Island adds significant mandatory prison time when a firearm is used during a crime of violence. Under R.I. Gen. Laws § 11-47-3.2, these sentences run consecutively to the underlying offense.

A related provision, § 11-47-3.1, addresses carrying a stolen firearm when committing a crime of violence. Attorney Leah J. Boisclair can review how these enhancements may apply.

Rhode Island Law: § 11-47-3.2


Under § 11-47-3.2, using a firearm while committing or attempting a crime of violence adds a mandatory consecutive sentence: generally ten years for a first offense (higher for machine guns), twenty years for a second, and up to life for a third or subsequent offense, with increased terms when a firearm is discharged or someone is injured. A related statute, § 11-47-3.1, addresses carrying a stolen firearm when committing a crime of violence.

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.

Not Sure How § 11-47-3.2 Applies to Your Case?

Every firearm case turns on its own facts. Attorney Leah J. Boisclair can review your charge and explain your options in plain English.

What the State May Need to Prove


The state generally must prove the underlying crime of violence (or attempt) and that a firearm was used as the statute describes. Because the enhancement is tied to the underlying charge, the defense often addresses both together.

Common Situations That Lead to This Charge


Potential Penalties & Consequences

  • A mandatory consecutive sentence added to the underlying crime
  • Ten years or more depending on offense number and circumstances
  • Up to life for repeat offenses or serious injury
  • A serious felony record

Possible Defense Considerations

  • Whether the underlying crime of violence can be proven
  • Whether a firearm was actually used as defined
  • Identity and possession disputes
  • Reliability of witness and forensic evidence
  • Whether the stop, search, or seizure complied with the Fourth Amendment
  • Whether the state can prove you knowingly possessed the firearm
  • Disputes over constructive possession when others had access
  • Chain-of-custody and evidence-handling issues

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.

Protect Your Rights and Your Future

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.

Related Firearm Charges


Why Early Legal Help Matters


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.

Frequently Asked Questions


Does this charge add time to my sentence?

Yes. Section 11-47-3.2 adds a mandatory sentence that runs consecutively to the underlying crime of violence, which can substantially increase total exposure.

Can the enhancement be challenged?

Because it is tied to the underlying crime, the defense often focuses on that charge and on whether a firearm was used as the statute requires. An attorney can review your case.

Can this charge be reduced or dismissed?

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.

Should I talk to the police about it?

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.

Will it affect my right to own firearms?

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.

What should I bring to a consultation?

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.

Explore More Rhode Island Firearm Charge Resources


Related firearm charge pages for more help:

Criminal defense by Rhode Island county:

Facing This Charge in Rhode Island?

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.