Possession of a Firearm During a Felony Defense Lawyer in Rhode Island

What Happens After a Firearm Is Recovered During a Felony Arrest in Rhode Island?

If you were arrested for a felony in Rhode Island and law enforcement recovered a firearm during that arrest, you are almost certainly facing an additional charge under R.I.G.L. 11-47-3.2 — possession of a firearm during the commission of a crime of violence. This charge is not part of your underlying case. It is a separate offense with its own mandatory sentence, and it requires its own defense strategy.

How the Firearm Charge Gets Added

The 11-47-3.2 charge typically appears at the same time as or shortly after the underlying felony charge. Prosecutors review the police report, see that a firearm was recovered at the scene of or in connection with the arrest, and add the firearm count to the information or indictment. In many cases, the firearm charge is added as leverage — prosecutors know the 10-year consecutive mandatory gives them enormous bargaining power in plea negotiations for the underlying offense.

Attorney Stefanie A. Murphy reviews every charging document to determine whether the 11-47-3.2 charge is legally supported or whether it was added as a pressure tactic. Not every felony arrest where a firearm is present meets the statutory requirements, and challenging the charge at the earliest stage can change the trajectory of the entire case. When the underlying arrest arose from a traffic stop where the firearm was discovered during a vehicle search, Fourth Amendment challenges to the search itself can eliminate both the underlying charge and the firearm count.

Arraignment and the Consecutive Sentencing Reality

At arraignment, the judge will inform you that the 11-47-3.2 charge carries a mandatory 10-year sentence that must run consecutive to any sentence imposed on the underlying felony. This is the moment most defendants realize the firearm charge is not just an add-on — it is potentially the most serious charge on the docket. If you are facing a drug trafficking charge with a 10-year exposure and a firearm-during-felony charge, your total exposure is 20 years before any other counts are considered.

Attorney Murphy and Attorney Matthew T. Marin appear at arraignment prepared to address bail, identify suppression issues, and begin building the defense against the firearm charge from day one. If you already have an attorney for the underlying charge, our firm can serve as co-counsel focused specifically on the firearm count — because the stakes of that single charge demand specialized attention.

What the State Must Prove for a Firearm During a Felony Charge Under R.I.G.L. 11-47-3.2

Rhode Island General Laws 11-47-3.2 is a specific statute with specific elements. The prosecution cannot simply point to a firearm found near a felony arrest and call it proven. Attorney Stefanie A. Murphy holds the state to its burden on every element — because if any one element fails, the charge fails.

Element 1: Possession of a Firearm

The state must prove you possessed a firearm. This can mean actual possession (the firearm was on your person) or constructive possession (the firearm was in a location you controlled and you knew it was there). Constructive possession is frequently the weakest link in the prosecution’s case. If the firearm was in a shared vehicle, a shared apartment, or an area accessible to multiple people, the state’s ability to prove you — and not someone else — possessed the firearm becomes a central battleground. Attorney Murphy challenges constructive possession theories by investigating who else had access to the location, whether forensic evidence connects you to the firearm, and whether the government can prove knowledge beyond a reasonable doubt.

Element 2: During the Commission of a Crime of Violence

The statute requires that the firearm possession occurred during the commission of a “crime of violence.” This is a defined legal term under Rhode Island law — not every felony qualifies. The state must prove a temporal and factual connection between the firearm possession and the violent crime. If the firearm was found after the alleged crime was over, if it was in a separate location, or if the underlying charge does not qualify as a “crime of violence” under the statute, the 11-47-3.2 charge may not survive a motion to dismiss. Attorney Murphy scrutinizes the timing and factual nexus to determine whether the “during commission” element is actually satisfied.

The Critical Distinction: Use vs. Mere Possession

This is where the firearm during a felony charge differs sharply from broader firearm sentencing enhancement concepts. Under 11-47-3.2, the state does not need to prove you used the firearm during the crime — mere possession during the commission is sufficient. However, the defense implications of use vs. possession are significant. If the firearm was never brandished, never displayed, and never played any role in the underlying offense, that context shapes how juries evaluate the charge and how judges evaluate motions. Attorney Murphy uses the use-vs-possession distinction strategically at every stage of the defense, from pretrial motions through closing argument.

Element 3: The 10-Year Consecutive Mandatory

If convicted under 11-47-3.2, the sentence is a mandatory 10 years at the Adult Correctional Institutions, and it must run consecutive to any sentence imposed on the underlying crime of violence. There is no judicial discretion to reduce this sentence or to run it concurrently. This makes the firearm charge, in many cases, more consequential than the underlying felony itself. If you are also facing felon-in-possession charges based on a prior conviction, the total sentencing exposure can be staggering.

Bail and Pretrial Restrictions for Rhode Island Firearm-During-Felony Cases

If you are charged with possession of a firearm during a crime of violence, the bail hearing is not just about the firearm count — it is about the full picture of charges, and judges consider the 10-year consecutive mandatory exposure when deciding whether to grant release.

Bail on Stacked Charges

Defendants facing 11-47-3.2 charges are almost always also facing the underlying violent felony charge — drug trafficking, robbery, assault, or another serious offense. Judges set bail considering the total exposure across all charges, which means the firearm count’s 10-year consecutive mandatory heavily influences the bail determination. Prosecutors routinely argue at bail hearings that the mandatory consecutive sentence creates a flight risk because the defendant is facing decades of total imprisonment.

Attorney Stefanie A. Murphy counters these arguments by presenting comprehensive release packages: employment records, housing stability, family ties to the community, and monitoring proposals. She has secured pretrial release for defendants facing firearm-during-felony charges by demonstrating that the defense intends to aggressively challenge the 11-47-3.2 charge — showing the court that the case is not the slam dunk the prosecution presents it as.

Conditions of Release

When bail is granted on a firearm-during-felony charge, conditions are restrictive: no firearms possession, no contact with co-defendants or witnesses, regular reporting, possible GPS monitoring, and travel restrictions. If you are on probation or parole for a prior offense, the new arrest will almost certainly trigger a probation or parole violation proceeding, creating a second hold that must be addressed separately.

Attorney Murphy and Attorney Matthew T. Marin coordinate bail strategy across all pending matters to ensure that conditions imposed on one case do not conflict with obligations in another. If the firearm charge arose from an arrest where you were also charged with carrying a pistol without a license, the bail conditions and defense strategy for both charges must be aligned from the start.

Pretrial Detention and Plea Leverage

Prosecutors understand that pretrial detention is itself a form of pressure. A defendant held without bail for months is far more likely to accept an unfavorable plea deal simply to secure release. Attorney Murphy fights for pretrial release not only because liberty matters, but because a detained defendant has less access to counsel, less ability to assist in their own defense, and less leverage in negotiations. Getting out of custody before trial is often the first step in building a winning defense.

What Evidence Decides Firearm-During-Felony Cases in Rhode Island?

Firearm-during-felony cases under R.I.G.L. 11-47-3.2 are won or lost on the evidence connecting the defendant to the firearm and the firearm to the crime. Attorney Stefanie A. Murphy examines every piece of evidence the state intends to present — and every piece they chose not to present — to find weaknesses in the prosecution’s theory.

Physical and Forensic Evidence

The firearm itself is the centerpiece of the state’s case. Attorney Murphy examines chain of custody, forensic testing (fingerprints, DNA, gunshot residue), and ballistics analysis. If the firearm was not tested for fingerprints or DNA, that absence of evidence can be powerful in front of a jury — it raises the question of why the state did not verify who actually handled the weapon. If the serial number traces to a theft, additional stolen firearm charges may be layered on, and the ownership trail itself becomes a defense tool.

Surveillance, Body Camera, and Digital Evidence

Surveillance footage, body camera recordings, and cell phone data frequently make or break the “during commission” element. If the state claims you possessed a firearm during a drug transaction, but surveillance shows the firearm was in a different location from the transaction, the temporal nexus falls apart. Attorney Murphy subpoenas all available footage and digital records to reconstruct the timeline and challenge the prosecution’s narrative. In cases where large-capacity magazines are found alongside the firearm, prosecutors will stack magazine charges, but the digital evidence trail may show that the defendant had no knowledge of the magazine’s capacity.

Co-Defendant Testimony and Cooperation

In multi-defendant cases — which are common in drug trafficking and robbery arrests — co-defendants facing their own charges may cooperate with prosecutors and testify that the firearm belonged to you. Attorney Murphy challenges cooperator testimony by investigating the cooperator’s deal with the prosecution, their criminal history, their motive to lie, and whether their account is consistent with the physical evidence. Co-defendant testimony is inherently unreliable, and juries know it — but only if the defense attorney exposes the unreliability through effective cross-examination.

Suppression: Removing Evidence Before Trial

If the firearm was discovered through an illegal search or seizure — a warrantless entry, an unlawful pat-down, a traffic stop without reasonable suspicion — Attorney Murphy files motions to suppress the firearm as evidence. Under both the Fourth Amendment and Article I, Section 6 of the Rhode Island Constitution, illegally obtained evidence cannot be used at trial. If the firearm is suppressed, the 11-47-3.2 charge collapses because the state cannot prove possession without the weapon.

How a Rhode Island Defense Lawyer Fights R.I.G.L. 11-47-3.2 Charges

Every firearm-during-felony charge has specific pressure points. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin build defense strategies by attacking the elements the state must prove and exploiting the gaps in the prosecution’s evidence.

Challenging Whether the Underlying Crime Qualifies as a “Crime of Violence”

Section 11-47-3.2 applies only when the underlying offense is a “crime of violence.” Not every felony meets that definition. If you are charged with drug trafficking, for example, the question of whether drug trafficking qualifies as a “crime of violence” under the statute is a legal argument that can be briefed and argued before the court. Attorney Murphy researches every underlying charge to determine whether it satisfies the statutory definition — and if it does not, she moves to dismiss the 11-47-3.2 count as a matter of law.

Severing the Firearm Count from the Underlying Charge

When a firearm-during-felony charge is tried alongside the underlying felony, jurors may be prejudiced against the defendant simply because a gun is involved. Attorney Murphy files motions to sever the 11-47-3.2 count from the underlying charge, arguing that trying both together creates unfair prejudice. Severance means the jury hearing the underlying charge never learns about the firearm — and the jury hearing the firearm charge evaluates it on its own merits, without the weight of the underlying felony coloring their judgment.

Attacking the “During Commission” Temporal Nexus

The statute requires that the firearm possession occurred during the commission of the crime of violence. “During” is a temporal requirement that the defense can challenge. If the firearm was found in a location separate from where the alleged crime occurred, if the timeline does not support simultaneous possession and commission, or if the firearm was discovered hours after the alleged crime ended, the “during commission” element may not be provable. Attorney Murphy reconstructs the timeline using physical evidence, surveillance footage, and witness statements to demonstrate that the state cannot prove temporal overlap.

Co-Counsel Strategy: When You Already Have a Lawyer

Many defendants facing 11-47-3.2 charges already have an attorney handling the underlying felony. That attorney may be excellent at defending drug charges or robbery charges but may not have specific experience with firearm-during-felony defense. Attorney Murphy regularly serves as co-counsel on the firearm count, working alongside the existing defense team to ensure the 11-47-3.2 charge receives the specialized attention it demands. The underlying charge and the firearm charge require different defense strategies, and having dedicated counsel for each can prevent one defense from undermining the other.

Federal 924(c) Overlap: Dual Jurisdiction Defense

When federal prosecutors are involved — particularly in drug trafficking cases where the ATF or DEA participated in the investigation — you may face both state charges under 11-47-3.2 and federal charges under 18 U.S.C. 924(c), which carries its own mandatory consecutive minimums (5 years for first offense, 25 years for second). Attorney Murphy has the firearm enhancement defense experience to navigate dual-jurisdiction exposure and develop a strategy that addresses both the state and federal charges simultaneously, rather than allowing one prosecution to dictate the outcome of the other.

Charges Often Filed Alongside Firearm During a Felony in Rhode Island

Firearm-during-felony charges under R.I.G.L. 11-47-3.2 almost never appear alone. The very nature of the charge — possession during commission of another crime — means there is always at least one other serious count on the docket. Prosecutors routinely stack additional firearm charges on top to maximize sentencing exposure and plea leverage. Attorney Stefanie A. Murphy reviews every count in the indictment to identify overreach and build a defense that addresses all charges, not just the most visible one.

The Underlying Crime of Violence

By definition, a 11-47-3.2 charge comes with an underlying violent felony: drug trafficking, robbery, assault with a dangerous weapon, or another qualifying offense. The defense strategy for the firearm count must be coordinated with the defense strategy for the underlying charge, because the outcome of one directly affects the other. If the underlying charge is dismissed or reduced to a non-qualifying offense, the firearm charge may fall with it.

Felon in Possession

If you have a prior felony conviction, prosecutors will add a felon-in-possession charge under R.I.G.L. 11-47-5 on top of the firearm-during-felony count. This means two separate firearm charges arising from the same weapon — each with its own mandatory sentence. The combined exposure can exceed 20 years on the firearm charges alone, before the underlying felony is even considered.

Prohibited Weapons and Large-Capacity Magazines

If the recovered firearm is classified as an assault weapon, or if it was equipped with a large-capacity magazine, prohibited weapons charges and large-capacity magazine charges are layered on. With cases involving multiple firearms increasing from 173 to 247 statewide in 2025, prosecutors are routinely stacking three, four, or five firearm-related charges from a single arrest.

Possession of a Stolen Firearm

If the recovered firearm’s serial number traces to a reported theft, a stolen firearm possession charge is added regardless of whether you knew the weapon was stolen. The knowledge element is the government’s burden, and in many cases, the defendant received the firearm without any indication it was stolen property.

School Zone and Juvenile-Related Enhancements

If the arrest occurred within 1,000 feet of a school, daycare, or playground, school zone firearm enhancements can add additional mandatory time. These enhancements are based on geography alone — the defendant does not need any connection to the school — making them vulnerable to challenge when the proximity is incidental.

Why Attorney Experience Matters in Rhode Island Firearm-During-Felony Cases

A 10-year mandatory consecutive sentence is not something you defend with a general-practice attorney. R.I.G.L. 11-47-3.2 cases require a defense lawyer who understands the statute’s specific elements, the prosecution’s playbook for stacking charges, and the strategic options available at every stage of the case — from suppression motions through trial and sentencing.

Attorney Stefanie A. Murphy has defended clients facing the most serious criminal charges in Rhode Island for more than 20 years. She has secured a murder acquittal where co-defendants received life sentences — a case covered by the Providence Journal — and has won appellate victories before the Rhode Island Supreme Court that shaped how firearms cases are handled statewide. Attorney Murphy has been named a Super Lawyer for 14 consecutive years and is recognized as a National Trial Lawyers Top 100 attorney. She is admitted to practice before the U.S. District Court for the District of Rhode Island, the U.S. District Court for the District of Connecticut, and the U.S. District Court for the District of Massachusetts — federal court experience that matters when 11-47-3.2 charges overlap with federal prosecution under 924(c).

Attorney Matthew T. Marin brings decades of trial experience as a founding partner of the firm. Together, Murphy and Marin have defended more than 2,500 criminal cases and maintain a 5.0 Google rating based on 451+ client reviews. When the firearm-during-felony charge is stacked on top of an already serious case, clients need attorneys who have handled exactly this combination before — and who understand that the firearm count is often the charge that determines whether a defendant faces years or decades.

If you already have an attorney for the underlying charge and need specialized counsel for the 11-47-3.2 count, our firm regularly serves as co-counsel on firearm charges alongside existing defense teams.