Rhode Island Criminal Statute of Limitations

By David Ellison

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Criminal Defense

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Last Modified on Mar 20, 2026

If you are facing criminal allegations, it can be confusing to determine if there is a statute of limitations that would prevent prosecutors from pursuing the case. Rhode Island criminal statute of limitations vary with the type of criminal charge. If you think there is a statute of limitations issue with a criminal allegation you are facing, you should hire a criminal defense lawyer who can examine the facts of your case and determine if the charges were filed properly.

Crime Rates in Rhode Island

The Federal Bureau of Investigation’s Crime Data Explorer is a database that provides up-to-date information on crime rates and clearances across the United States. Looking at the major index crimes in 2025, Rhode Island experienced:

• 988 aggravated assaults
• 18 homicides
• 340 rapes
• 197 robberies
• 85 arsons
• 870 burglaries
• 7,580 larceny-thefts
• 1,122 motor vehicle thefts

During the same time period, Rhode Island law enforcement cleared:

• 565 aggravated assaults
• 7 homicides
• 78 rapes
• 79 robberies
• 39 arsons
• 276 burglaries
• 1,620 larceny-thefts
• 182 motor vehicle thefts

Given the disparity in the number of reported offenses and the number of clearances during the same year, it is important to understand how the statutes of limitations affect these crimes.

If you are facing criminal charges in Rhode Island, the severity of the charges determines which court should hear your case. Most cases are heard in the county in which you reside. District courts handle misdemeanor cases while superior courts handle felony cases.

Rhode Island’s Statutes of Limitations

Statutes of limitations are designed to prevent the prosecution of crimes that happened so many years ago that the integrity of available evidence and eyewitness memory is likely to have deteriorated. Rhode Island has three main classes of statutes of limitations.

Three Years

All crimes not included in a longer statute of limitations are limited to three years from the date the crime was committed.

Ten Years

Several crimes are subject to a longer, ten-year statute of limitations, specifically:

• Any larceny punishable as a felony
• Bank fraud
• Bribery
• Embezzlement and fraudulent conversion
• Embezzlement by bank officers or employees
• Exploitation of an elder
• Fraudulent conversion by an agent or factor
• Giving false documents to an agent, employee, or public official
• Human trafficking
• Making a false statement to obtain a loan
• Obtaining a signature by false pretenses
• Obtaining property by false pretenses or personation
• Perjury
• Racketeer-influenced and corrupt organizations
• Racketeer violence
• Receiving stolen goods
• Residential mortgage fraud
• Threats and extortion
• Unlawful appropriation
• Using false financial statements to obtain a loan or credit
• Violations of the antitrust law

No Limit

The most serious crimes have no statute of limitations and can be prosecuted regardless of how much time has elapsed. These offenses include those where the maximum penalty is life imprisonment, specifically:

• Arson in the first, second, or third degree
• Bigamy
• Burglary
• Child molestation in the first or second degree
• Counterfeiting
• Forgery
• Homicide
• Manufacturing, selling, distributing, or possessing with the intent to manufacture, sell, or distribute any controlled substance
• Robbery, Rape
• Sexual assault in the first degree
• Treason against the state

FAQs

What Crimes Have No Statute of Limitations in the United States?

Several crimes have no statute of limitations in the United States. At the federal level, any crime punishable by the death penalty has no statute of limitations. There is also no statute of limitations on homicide, many sexual offenses, terrorism, and other violent crimes.

Although no state has a statute of limitations on homicide, some states have removed the statute of limitations on other types of serious offenses, such as sexual offenses or offenses committed against a minor.

What Happens If I Am Charged with a Crime After the Statute of Limitations Expires in Rhode Island?

If you are charged with a crime after the statute of limitations has expired in Rhode Island, you can raise the legal issue that the statute of limitations has expired. If you do not raise this issue, there are some circumstances in which the case can still proceed. It is important to consult with a criminal defense attorney who can determine if the statute of limitations has expired or if the case was subject to tolling.

Can You Be Charged with a Crime Years Later in Rhode Island?

Yes, you can be charged with a crime years later in Rhode Island, depending on the type of criminal charge and the amount of time that has passed. The statute of limitations creates limits on how long after a crime has been committed that charges can be brought. For some crimes, the statute of limitations may only be a few years. The statute of limitations is longer for more serious crimes. Homicide is not bound by any statute of limitations.

Can Statutes of Limitations Be Extended?

Generally, a statute of limitations cannot be extended. However, the statute of limitations can be paused under specific circumstances, such as cases that involve minors. Some cases are affected by the discovery rule. The discovery rule allows for the statute of limitations to begin once a crime has been discovered or should have been discovered, instead of when the crime actually occurred.

What Is Meant by the Terms Tolling or Suspension of a Statute of Limitations?

When a statute of limitations is tolled or suspended, that means it has been temporarily paused due to special circumstances. Tolling the statute of limitations prevents it from expiring and allows more time for prosecution.

Common reasons for tolling include when the plaintiff is a minor, mental incapacitation challenges, or when the defendant purposely conceals information or leaves the state. Once the conditions for the tolling end, the statute of limitations time resumes.

Hire a Criminal Defense Lawyer at Ellison Law LLC

If the allegations you are facing are unlawful due to the statute of limitations, an experienced criminal defense attorney can help. If the statute of limitations does not apply, a Rhode Island criminal defense attorney can help you build a strong defense against the charges.

Our team prides itself on providing clients with honest, client-centered representation. We look for legal and procedural issues that could affect your case while emphasizing the human element. Contact Ellison Law LLC today to schedule your confidential consultation.