(a) An offense for which a person may be sentenced to a term of imprisonment of not more than one year is a misdemeanor.
(b) Misdemeanors are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C, (4) class D, and (5) unclassified.
(c) The particular classification of each misdemeanor defined in this chapter is expressly designated in the section defining it.
(d) Any offense defined in any section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) of this section, but for which a particular classification is not expressly designated, shall be deemed: (1) A class A misdemeanor if the maximum term of imprisonment specified is one year; (2) a class B misdemeanor if the maximum term of imprisonment specified is six months; (3) a class C misdemeanor if the maximum term of imprisonment specified is three months; (4) a class D misdemeanor if the maximum term of imprisonment specified is thirty days; and (5) an unclassified misdemeanor if the maximum term of imprisonment specified is a term other than a term set forth in subdivision (1), (2), (3) or (4) of this subsection.
(1969, P.A. 828, S. 26; P.A. 92-260, S. 10; P.A. 12-80, S. 1.)
History: P.A. 92-260 made a technical change in Subsec. (b); P.A. 12-80 amended Subsec. (b) to add new Subdiv. (4) re class D misdemeanor and redesignate existing Subdiv. (4) as Subdiv. (5), designated provision of Subsec. (c) re unclassified misdemeanor as Subsec. (d) and amended same to make applicable to any offense defined in any section of the general statutes for which a particular classification is not expressly designated and add Subdivs. (1) to (5) re deemed classification of misdemeanors.
See Sec. 53a-36 re sentences for misdemeanors.
See Sec. 53a-42 re fines for misdemeanors.
Cited. 202 C. 443.
Cited. 9 CA 686; 41 CA 476; 43 CA 1.
Cited. 36 CS 527; Id., 551.
Notes of Decisions
McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011).
· cites it 12× “See General Statutes § 53a-25 (a) (felony); General Statutes § 53a-26 (a) (misdemeanor).”
State v. Kluttz, 521 A.2d 178 (Conn. App. Ct. 1987).
· cites it 13× “The state further claims that since negligent homicide with a motor vehicle is not a violation, it is a crime within the meaning of General Statutes § 53a-24 (a). Crimes are either felonies or misdemeanors.”
Rowe v. Superior Court, Jud. Dist. of New Haven, 960 A.2d 256 (Conn. 2008).
· cites it 4× “Because of the lesser punishment and classification under state law, we do not presume that all of the consequences attendant to a federal contempt conviction necessarily would arise in a contempt conviction under Connecticut law. Nonetheless, even a misdemeanor gives rise to a…”
State v. McCahill, 811 A.2d 667 (Conn. 2002).
· cites it 2× “General Statutes § 53a-26 (a). Conviction for a misdemeanor may subject the defendant to a fine or a term of imprisonment, or a combination of both.”
Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016).
“00 [3], with Conn. Gen. Stat. § 53a-27(a). The maximum incarcera-tory sentence for misdemeanors is one year in New York and Connecticut but two years in Vermont.”
Koennicke v. Maiorano, 682 A.2d 1046 (Conn. App. Ct. 1996).
· cites it 2× “” General Statutes § 53a-26 entitled “Misdemeanor: Definition, classification, designation,” provides in relevant part: “(a) An offense for which a person may be sentenced to a term of imprisonment of not more than one year is a misdemeanor.”
Commonwealth v. Quiles, 166 A.3d 387 (Pa. Super. Ct. 2017).
“In addition to distinguishing between felonies and misdemeanors, Connecticut "classifies” offenses using letter designations, similar to the way in which Pennsylvania "grades” offenses using a numeric system, See C.G.S. § 53a-26 (classifying misdemean- or offenses).”
State v. Mordasky, 853 A.2d 626 (Conn. App. Ct. 2004).
· cites it 2× “General Statutes § 53a-26 (a). This truncated exposure to imprisonment makes it unlikely that the constitutionality of a plea agreement involving a misdemeanor can ever be heard before the expiration of the term of punishment.”
State v. Kruelski, 677 A.2d 951 (Conn. App. Ct. 1996).
· cites it 2× “General Statutes § 53a-26. The state claims on appeal that (1) the issuance of the warrant for the arrest of the defendant and its service on the defendant, on the facts of this case, tolled the statute of limitations, and (2) a second trial of the defendant would not be barred…”
State v. Potter, 867 A.2d 158 (Conn. Super. Ct. 2004).
· cites it 5× “) General Statutes § 53a-26 (a). In addition, § 53a-26 (c) provides that “[a]ny offense defined in any other section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall be deemed an unclassified…”
State v. Anonymous (1980-5), 36 Conn. Supp. 527 (Conn. Super. Ct. 1979).
· cites it 3× “It would be an unclassified misdemeanor because the punishment provided falls within the parameters of General Statutes § 53a-26 (a). If it comes within that classification it is a “crime” because that term, as used in the penal code, “comprises felonies and misdemeanors.”
— Conn. Gen. Stat. § 53a-26(a) — 1 case
Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016).
“00 [3], with Conn. Gen. Stat. § 53a-27(a). The maximum incarcera-tory sentence for misdemeanors is one year in New York and Connecticut but two years in Vermont.”
— Conn. Gen. Stat. § 53a-26(d) — 1 case
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