Defending Clients Facing Misdemeanor Charges in Kent, Providence, or Washington County
A misdemeanor might not be considered as severe as a felony, but still, take the charge seriously. A conviction could affect your future. You will be facing possible incarceration and/or a fine. Additionally, the mark on your record could raise obstacles as you look for gainful employment or a place to live. Although some people might think that because a misdemeanor is lesser than a felony, they can handle their case alone, this isn’t always the way to go. Seeking a resolution still requires navigating a complex justice system with complicated rules and laws. A misstep at any stage in your case can impact the outcome.
Despite your charge, there is hope in your case. For the legal representation you need, reach out to me, Attorney Tom O’Brien, an experienced Warwick misdemeanor lawyer. I have been practicing law for over 25 years, and I am familiar with the legal processes involved in Rhode Island criminal cases. Options may be available to pursue a favorable result on your behalf, and I can explain the paths we can take. I will handle your case with honesty and integrity and stand up for you in and out of court from beginning to end.
Have you been convicted of a misdemeanor? Call the Law Offices of Thomas H. O’Brien today at (401) 397-7262 or contact the firm online to schedule a free consultation with our misdemeanor lawyer in Warwick.
According to Rhode Island General Laws § 11-1-2, a misdemeanor is any offense punishable by up to 1 year in jail and/or up to $1,000 in fines. A petty misdemeanor carries a penalty of not more than 6 months in jail and/or not more than $500 in fines. A crime that can be penalized by more than 1 year in prison and/or more than $1,000 is classified as a felony.
As noted earlier, a misdemeanor is a lower-level offense compared to a felony. Still, the consequences of a conviction can haunt you for the rest of your life.
To seek to avoid or minimize penalties, you need a lawyer on your side willing to fight for you. I can deliver sound counsel and advice throughout your case. As a former Special Assistant Attorney General, I prosecuted numerous criminal cases and tried over 30 jury trials. My experience on the other side of the courtroom allows me to develop well-rounded defenses for my clients, as I know how prosecutors prepare and present cases.
I want to hear your side of the story and protect your rights and freedom. As a Warwick misdemeanor defense lawyer, I will use my knowledge and skills to your advantage in your case. I will meticulously view the facts and analyze the evidence from a prosecutorial and defense perspective.
What Are Examples of Misdemeanor Crimes in Rhode Island?
Various offenses are misdemeanors in RI. They vary from theft to driving under the influence. And while a misdemeanor is punishable by up to 1 year in jail and/or up to $1,000, the exact penalties vary depending on the nature of the offense.
Examples of RI misdemeanors and their potential penalties include:
- Domestic violence: Domestic violence involves harm or threatened harm against a family or household member. Several misdemeanor offenses can fall under this definition, including assault (RI Gen. Laws § 11-5-3) and disorderly conduct (RI Gen. Laws § 11-45-1).
- DUI (RI Gen. Laws § 31-27-2): Operating a motor vehicle while under the influence of intoxicating liquor, drugs, and/or a controlled substance. Upon a conviction, a court can impose a fine between $100 and $300, 10 to 60 hours of public community restitution, and/or up to 1 year in jail.
- Shoplifting (RI Gen. Laws § 11-41-20): This involves various types of conduct, including unlawfully taking property from a merchant, removing the tags or labels from merchandise, transferring merchandise into a different container, or taking a shopping cart. The penalties include at least $50 (or not less than twice the merchandise value) to no more than $500 in fines and/or not more than 1 year in jail.
- Theft of less than $1,500 (RI Gen. Laws § 11-41-5): Unlawfully taking another person’s property valued at no more than $1,500. The crime is penalized by a fine of up to $500 and/or jail for no more than 1 year.
- Trespass (RI Gen. Laws § 11-44-26): Unlawfully entering someone else’s property or remaining on the premises after being asked to leave. The offense is punishable by a maximum of $1,000 in fines and/or a maximum of 1 year in jail.
- Vandalism (RI Gen. Laws § 11-44-1): Injuring or destroying another person’s property or preventing a person from using their own property. A conviction can result in up to 1 year in jail and/or up to $1,000 in fines.
I defend juveniles and adults facing all types of misdemeanor charges in Warwick, RI.
Can a Misdemeanor Be Expunged in RI?
A criminal conviction has various effects on your life. Therefore, it’s essential to keep your record as clean as possible. Unfortunately, a criminal charge can sometimes lead to a conviction. Fortunately, you have options for clearing your record through expungement.
In Rhode Island, you can expunge a misdemeanor conviction if you’re a first-time offender or you have multiple misdemeanors on your record but no felonies.
To be eligible for misdemeanor expungement, you must:
- Not have any criminal cases pending against you;
- Have paid all fines, court costs, fees, and other financial assessments the court ordered; and
- Not have been convicted of a crime of violence
You can apply for expungement 5 years after completing your sentence or 10 years if you are seeking to expunge multiple misdemeanors. If your request is granted, you will be relieved of disabilities arising from the conviction. You can also legally say that you were never convicted of a crime, with some exceptions.
Talk to me about clearing your record in Rhode Island.
Contact Our Misdemeanor Lawyer Today
When you hire me to represent you as your Warwick misdemeanor attorney, I will take swift action to develop a legal strategy on your behalf. I know what a misdemeanor charge means for your future, which is why I can relentlessly pursue a favorable result in your case.
Contact the Law Offices of Thomas H. O’Brien today to get started with an experienced Warwick misdemeanor attorney.