Habitual Offender Sentencing Enhancement in Rhode Island

Understanding Criminal Sentencing

Any criminal defendant who is convicted of a crime, either by guilty plea or verdict after trial, is subject to punishment. The imposition of a criminal punishment is known as sentencing. Possible terms of a criminal sentence may include incarceration (i.e., actual time to serve in jail), suspended jail time, probation, and/or a fine. Criminal sentences in Rhode Island are limited by the maximum allowable punishment set forth in the statute outlawing the convicted offense. However, repeat felony offenders may be subject to additional punishments, known as sentencing enhancements.

Habitual Offender Law in Rhode Island

Rhode Island criminal law provides for a sentence enhancement for those defendants who qualify as habitual offenders, also known as habitual criminals. See RIGL § 12-19-21. A defendant qualifies as a habitual criminal if he or she has previously been convicted in Rhode Island or any other state of at least two felony offenses, arising from separate and distinct incidents, for which the defendant was sentenced to serve terms of imprisonment. A felony offense for the purpose of this law is any crime punishable by a term of imprisonment exceeding one year.

To qualify, the prison terms must have been imposed on separate dates. A term of imprisonment for the purpose of habitual offender qualification includes both actual terms to serve and suspended jail sentences. See State v. Burke, 811 A.2d 1158 (R.I. 2002). Upon conviction for a third or subsequent felony, the person deemed to be a habitual offender shall be exposed to an additional punishment of up to 25 years in jail, to be served after or consecutive to the punishment imposed for the newly convicted offense.

Prosecution and Court Procedure

If the prosecution believes that a defendant qualifies as a habitual offender, it must file with the court written notice within 45 days of arraignment, or in any case, no later than the first pretrial conference for the new case. If the case proceeds to trial, this information shall not be disclosed to the jury.

Upon conviction after trial, the court must hold a hearing to determine, by a preponderance of evidence (i.e., more likely than not), if the defendant qualifies as a habitual offender. If the court rules affirmatively, it shall impose a consecutive punishment not to exceed 25 years in prison. The Court must also specify a minimum number of years the defendant must serve before becoming eligible to be considered for early release from prison, known as parole.

The Impact of Habitual Offender Laws

The habitual offender law is often wielded as a devastating sword by the prosecution to encourage guilty pleas. Most defendants facing both new criminal charges and habitual offender notices from older cases are disinclined to exercise their right to trial, knowing that if convicted, they face not only the statutory maximum punishment for the newly charged offense(s), but also a sentencing enhancement for a consecutive term of up to 25 years because of their prior felony convictions for older offenses.

Limited Defenses Against Habitual Offender Sentencing

Defenses to a habitual offender notice are extremely limited. A defendant may challenge a habitual offender notice that is not filed within the time prescribed by law. However, these challenges are rarely successful because the manpower and resources of the Attorney General’s Office most often promote timely filings. The filing notices and other pleadings by attorneys are now done electronically, enhancing the ease and likelihood that pleadings are filed timely with the Superior Court.

A court conducting a hearing to determine habitual offender qualification may rely on court documents, such as judgments of conviction, to determine if a defendant qualifies. However, convictions for which a defendant has been pardoned do not qualify as prior offenses. Further, cases where a defendant received prison sentences, imposed on the same date, to run concurrently, also do not qualify. Lastly, a defendant may petition for post-conviction relief to vacate a prior conviction. If a prior conviction is vacated, it also no longer qualifies for determining habitual offender status.

Legal Assistance for Habitual Offender Charges

If you are charged with a felony offense and have received a habitual offender notice under Rhode Island criminal law, contact Rhode Island Criminal Defense Lawyer, John L. Calcagni III, at 401-351-5100 for a free consultation.