How Prior Convictions Affect Your Current Criminal Charges in Rhode Island

When you're facing criminal charges, your history matters—and not just in a personal sense. In the courtroom, prior convictions can have a direct and serious impact on the outcome of your current criminal case. Whether you're dealing with a misdemeanor or a felony in Rhode Island, what you've been convicted of in the past can influence how you're treated by prosecutors, judges, and even juries. Here's what you need to know.

Your Past Is Not Always in the Past... How Prior Convictions Affect You in Rhode Island

The criminal justice system doesn't operate in a vacuum. If you've had prior run-ins with the law, you can expect that history to come into play.

Judges and prosecutors often review your full criminal record when making decisions about:

• Bail or bond amounts

• Plea bargain offers

• Sentencing recommendations

• Probation eligibility

While every case is unique, a pattern of prior criminal convictions can paint a picture the court takes seriously.

What Is Enhanced Sentencing?

Enhanced sentencing in Rhode Island is when prior convictions trigger a harsher penalty for a new charge.

This is especially common in cases involving:

• Repeat DUI charges in Rhode Island

• Domestic violence charges

• Drug possession or distribution

• Assault or theft cases

  
  

For example, a first-time DUI may result in fines and a license suspension. But a second or third offense? You could be looking at mandatory jail time and much steeper penalties. In some cases, what would be a misdemeanor for a first offense becomes a felony when you have a prior conviction.

Habitual Offender Laws in Rhode Island

Rhode Island doesn’t have a traditional "three strikes" law like some other states, but repeat offenders still face serious consequences. 

A person convicted of two or more felonies (arising from separate and distinct incidents) and sentenced to jail on two or more  occasions that is now facing a new charge punishable for more than one year to serve is deemed a “habitual criminal” or “habitual offender” in Rhode Island, per R.I. Gen. Laws § 12-19-21. 

If the court finds a defendant to be a habitual criminal, it must impose an additional consecutive sentence (although the term is entirely within the discretion of the sentencing judge). Said sentence could be months, years, suspended, or to be served (but no more than a twenty-five year sentence). 

In other instances, repeat criminal charges in Rhode Island may create:

• Longer incarceration

• Higher fines

• Harsher probation terms

Repeat criminal charges in Rhode Island don’t just reflect poorly on your character—they create legal exposure that increases the stakes.

How Prosecutors Use Prior Convictions

In many cases, Rhode Island prosecutors will leverage your criminal record during plea negotiations and trial strategy.

If you've been convicted of similar offenses in the past, the state may:

• Offer fewer or less favorable plea deals

• Argue for maximum sentencing

• Present your record as part of the evidence (in certain circumstances)

It's important to note that your entire history doesn't always come into play automatically. Your criminal defense attorney can file motions to exclude prejudicial information and fight to keep certain prior convictions from influencing a jury.

What About Expunged or Sealed Records?

Rhode Island criminal law allows for the expungement or sealing of certain criminal records, which can help protect your past from haunting your future. However, expunged records may still be visible to law enforcement and other agencies depending on the circumstances. 

That’s why, if you have a criminal record, you need a skilled Rhode Island criminal defense attorney who understands how to proactively manage your past to protect your present.

What You Can Do Now

If you're facing new criminal charges in Rhode Island and have a prior record, don't panic—but don’t wait either.

The best thing you can do is:

• Hire an experienced criminal defense lawyer in Rhode Island immediately

• Be honest about your past so your attorney can prepare for how it may be used

• Explore whether past convictions are eligible for expungement

• Avoid speaking to law enforcement or prosecutors without legal counsel

At Repetto Law, LLC, we don’t believe your past should define your future. Attorney Brianna C. Repetto is a trusted criminal defense attorney in Rhode Island, skilled in building strong, strategic defenses that take every detail into account—including how to limit the weight of prior convictions in your current case.

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Your criminal record isn’t just paperwork—it can be a deciding factor in how your current case is handled. But with the right legal strategy, you can challenge assumptions, push back against sentencing enhancements, and fight for a fair outcome.

If you're facing charges and concerned about how your past might be used against you in Rhode Island, contact Repetto Law, LLC today. We’re here to protect your rights and fight for your future.

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