Benchmarks

As amended through June 7, 2024

Benchmarks

Breaking and Entering Dwelling without Consent of Owner/Tenant

[R.I.G.L. 11-8-2: Statute indicates 2 to 10 years for first conviction]

1) Close relationship to victim

Less than jail or up to 1 year

2) No relationship to victim

Up to 18 months

3) With/without weapon - Dwelling unoccupied

1 to 4 years

4) Daytime - No weapon - Dwelling unoccupied

4 to 8 years

5) Nighttime - With/without weapon - Dwelling occupied

7 to 10 years

6)Entering a Business

[R.I.G.L. 11-8-4: Statute indicates up to 10 years]

Nighttime - No weapon

Less than jail or up to 18 months

7)Possession of a Stolen Vehicle

[R.I.G.L. 31-9-2: Penalties provided in R.I.G.L. 31-27-14 indicate 1 to 5 years for first conviction]

[Note: The Presumptive Sentence indicates 6 to 18 months for conviction after trial.]

Less than jail or up to 18 months

Felony Assault

[R.I.G.L. 11-5-2: Statute indicates up to 20 years]

[Note: The presumptive Sentence indicates 1 to 10 years for conviction after trial.]

8) Weapon not a firearm or knife - Slight injury or no injury

Less than jail

9) Weapon is firearm or knife - Slight injury or injury

12 to 18 months

10) With or without weapon - Serious injury

4 to 5 years

11)Robbery - 2nd Degree

[R.I.G.L. 11-39-1: Statute indicates 5 to 30 years]

Unarmed - No injury

3 to 6 years

12)Robbery - 1st Degree

[R.I.G.L. 11-39-1: Statute indicates 10 years to Life]

Armed with dangerous weapon

8 to 12 years

13)Robbery - 1st Degree

[R.I.G.L. 11-39-1: Statute indicates 10 years to Life]

Armed with a dangerous weapon - Accompanying acts of violence 20 years and up

Notes

Note: In Benchmark 13, the additional factor of "accompanying acts of violence" refers to aggravating circumstances which go well beyond the elements required to prove the crime of robbery. What is contemplated is an actual commission of an act of violence, rather than only a threat, or the use of only that degree of force required to prove a robbery Some examples would be the following:

1. Discharge of a weapon, whether or not someone is injured.

2. Physical injury to the victim(s) or bystander(s).

3. Restraining of a victim or bystander by tying up the person, etc.

Larceny/Embezzlement/Receiving Stolen Goods/OMUFP

[For Benchmarks 14-22, penalties provided in R.I.G.L. 11-41-5 indicate not more than 10 years.]

14)Larceny over $500

[R.I.G.L. 11-41-1 ]

First offense

Less than jail

15)Larceny over $500

[R.I.G.L. 11-41-1 ]

Repeat offense

3 to 5 years

16)Larceny from the Person

[R.I.G.L. 11-41-7 ]

2 1/2 to 3 1/2 years

17)Embezzlement

[R.I.G.L. 11-41-3 ]

First offense - one count

Less than jail

18)Embezzlement

[R.I.G.L. 11-41-3 ]

Repeat offense - multi-count indictment or large amount of money or violation of public trust

2 to 5 years

19)Receiving Stolen Goods over $500

[R.I.G.L. 11-41-2 ]

First offense

Less than jail

20)Receiving Stolen Goods Over $500

[R.I.G.L. 11-41-2 ]

Repeat offense

3 to 5 years

21)Obtaining Money Under False Pretenses

[R.I.G.L. 11-41-4 ]

First offense of this type - one count to this indictment

Less than jail

22)Obtaining Money Under False Pretenses

[R.I.G.L. 11-41-4 ]

Repeat offender of this type of offense - multi-count indictment - Substantial amount of money

2 to 4 years

Notes

Note: A jail sentence is prescribed in a he/she has made a career of embezzling or larceny case when the defendant is a repeat obtaining money under false pretenses. offender, a person whose record shows that he/she has made a career of embezzling or obtaining money under false pretenses.

23)Felony Shoplifting

[R.I.G.L. 11-41-20: Statute indicates not more than 5 years]

1 to 3 years

24)Driving to Endanger - Death Resulting

[R.I.G.L. 31-27-1: Statute indicates not more than 10 years]

No prior motor vehicle record

3 to 5 years

25)Driving Under the Influence - Death Resulting

[R.I.G.L. 31-27-2.2: Statute indicates 5 to 15 years]

3 to 10 years

Voluntary Manslaughter

[R.I.G.L. 11-23-3: Statute indicates up to 30 years]

26) Close relationship to victim

5 to 7 years

27) Related to other significant criminal activity

10 to 15 years

28) Delivery/Possession with Intent to Deliver

Notes

[Note: Presumptive sentence is 1-15 years for possession with intent to deliver and 2-20 years for delivery of schedule I/II]

A) Small quantity - less than 1 ounce Schedule I-IV, other than marijuana [R.I.G.L. 21-28-4.01: Statute indicates up to 3 years]

Up to 3 years

B) Greater quantity - 1 ounce to 1 kilogram Schedule I-IV, other than marijuana [R.I.G.L. 21-28-4.01.1: Statute indicates 10 to 50 years]

10 to 50 years*

C) Large quantity - Over 1 kilogram Schedule I-IV other than marijuana [R.I.G.L. 21-28-4.01.2 B: Statute indicates 20 years to life]

20 years to Life*

Notes

[*Statute requires that trial justice set forth on the record the reason(s) for imposing any sentence less than the statutory minimum.]

Notes. The benchmarks for delivery of a controlled substance are meant to apply to the "sale" of drugs. A "casual" delivery involving only the transfer of drugs without any "business" transaction would be a mitigating circumstance.

Under Benchmark 28 the four schedules of controlled substances are combined under the same sentencing guideline. Despite this, the sentencing justice should keep in mind that the Uniform Controlled Substances Act differentiates between those substances which are extremely harmful to individuals and have a high potential for addiction (Schedules I and II) and substances which are relatively less dangerous (Schedules III and N). Thus, the fact that a substance has a lower potential for physical harm might be a mitigating circumstance.

29)Possession of a Controlled Substance

[R.I.G.L. 21-28-4.01: Statute indicates up to 3 years]

Small quantity - Less than 1 ounce - Schedule I-IV, other than marijuana

Less than jail

30)Delivery of Marijuana

A) Small quantity - Less than 1 ounce

[R.I.G.L. 21-28-4.01(A) (2) (a): Statute indicates up to 30 years]

Up to 1 year

B) Greater quantity - 1 ounce to 1 kilogram

1 to 3 years

C) Large quantity - 1 kilogram to 5 kilograms

[R.I.G.L. 21-28-4.01.1: Statute indicates 10 to 50 years*]

10 - 50 years*

D) Greatest quantity - over 5 kilograms

[R.I.G.L. 21-28-4.01.2: Statute indicates 20 years to Life*]

20 years - Life*

Notes

[*Statute requires that trial justice set forth on the record the reason(s) for imposing any sentence less than the statutory minimum.]

31) 1st Degree Sexual Assault

[R.I.G.L. 11-37-3: Statute indicates 10 years to Life]

A) One count with no injury

10-15 years

B) Multiple counts with or without injury

15-25 years

C) One count or multiple counts, with aggravating circumstances**

Over 20 years

Notes

**Aggravating circumstances include, but are not limited to, excessive force or violence; the act having been committed in conjunction with other crimes; moderate to severe injury, mental or physical; or perpetration of acts which are particularly degrading or humiliating to the victim.

32)2nd Degree Sexual Assault

[R.I.G.L. 11-37-5: Statute indicates 3-15 years]

A) One count - touching/groping over clothing

Less than jail

B) Multiple counts - touching/groping over clothing - same incident

Less than jail

C) Multiple count - touching/groping over clothing

1 to 3 years

D) One or multiple counts - touching/groping under clothing

2-5 years

E) One or multiple counts - touching/groping under or over clothing with aggravating circumstances

5-15 years

33) 1st or 2nd Degree Sexual Assault - victim is mentally disabled or physically incapacitated

[R.I.G.L. 11-37-3 and 11-37-5: Statutes indicate 10 years to Life for 1st Degree; 3 to 15 years for 2nd Degree]

Jail, depending on circumstances and key facts

34)3rd Degree Sexual Assault

[R.I.G.L. 11-37-7: Statute indicates up to 5 years]

Less than jail to 5 years, depending on age difference between perpetrator and victim and the presence or absence of aggravating circumstances

35)1st Degree Child Molestation

[R.I.G.L. 11-37-8.2: Statute indicates 20 years to Life]

[Note: Statute indicates child = "age 14 or younger"]

A) No relationship to victim - no injury - one count

10-15 years

B) Close relationship to victim - natural/stepparent or family member - no injury - one count

15-20 years

C) Close relationship to victim - natural/stepparent or family member multiple counts or moderate injury, mental or physical

20-30 years

D) Victim is mentally or physically disabled

20-30 years

E) Multiple counts or physical injury or aggravating circumstances regardless of relationship to victim

25 years to Life

36)2nd Degree Child Molestation

[R.I.G.L. 11-37-8.4: Statute indicates 6 to 30 years]

A) No relationship to victim - over clothing - one count

Less than jail to 3 years

B) No relationship to victim - under clothing or more than one count

3-8 years

C) Close relationship to victim - natural/stepparent or family member over clothing - one count

3-8 years

D) Close relationship to victim - natural/stepparent or family member under clothing - one count

7-12 years

PROBATION BENCHMARKS

37) For felony offenses, other than crimes of violence, the term of probation should not exceed three years. Departures from the probation range should be made only when substantial and compelling circumstances exist.

(a) The judge or magistrate must give specific reasons for the departure on the record.

(b) These guidelines do not apply to cases where the court has imposed a no contact order or a restitution order as a condition of probation.

(c) These guidelines do not apply to crimes of violence. For purposes of this benchmark, crimes of violence shall mean any one of the following crimes or an attempt to commit that crime: murder, manslaughter, sexual assault, child molestation, mayhem, robbery, burglary, assault with a dangerous weapon, assault or battery involving serious bodily injury, arson, breaking and entering, child molestation, kidnapping, DWI resulting in death or serious injury, driving to endanger resulting in death or serious injury, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in Schedule I or Schedule II of § 21-28-2.08, any violation of §§ 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes, and/or assault with intent to commit any offense punishable as a felony; upon any conviction of an offense punishable as a felony offense under § 12-29-5 or any felony involving force or violence, the threat of force or violence, or the use of a firearm.

Last amended effective 6/21/2016; amended by Order dated June 22, 2017, effective 9/5/2017.

1972 Notes

See notes to Rule 37, supra.