A sentence of imprisonment for a misdemeanor shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year; (2) for a class B misdemeanor, a term not to exceed six months; (3) for a class C misdemeanor, a term not to exceed three months; (4) for a class D misdemeanor, a term not to exceed thirty days; and (5) for an unclassified misdemeanor, a term in accordance with the sentence specified in the section of the general statutes that defines or provides the penalty for the crime.
(1969, P.A. 828, S. 36; 1971, P.A. 871, S. 14; P.A. 77-422, S. 6; P.A. 92-260, S. 16; P.A. 10-36, S. 19; P.A. 12-80, S. 2.)
History: 1971 act added exception re guilt under Sec. 53a-61(a)(3) in Subdiv. (1); P.A. 77-422 expanded exception to include guilt under Sec. 53a-61a; P.A. 92-260 amended Subdiv. (1) to consolidate statutory references and delete redundant language; P.A. 10-36 added “unless the section of the general statutes that defines the crime specifically provides otherwise” re specified terms of imprisonment and deleted in Subdiv. (1) “except that when a person is found guilty under section 53a-61(a)(3) or 53a-61a, the term shall be one year and such sentence shall not be suspended or reduced”, effective July 1, 2010; P.A. 12-80 added provision re section of the general statutes that provides the penalty for the crime, added new Subdiv. (4) re maximum term for class D misdemeanor, redesignated existing Subdiv. (4) as Subdiv. (5) and amended same to add provision re section of the general statutes that provides the penalty for the crime.
See Sec. 53a-42 re fines for misdemeanors.
Cited. 169 C. 223; 178 C. 145. Court in sentencing of defendant found guilty under Sec. 53a-61a must impose a mandatory nonsuspendable term of imprisonment and does not have option of imposing a fine or a sentence of unconditional discharge. 180 C. 557. Cited. 184 C. 434; 189 C. 114; 194 C. 198; 217 C. 73; 218 C. 273; 223 C. 635.
Cited. 8 CA 607; 9 CA 686; 12 CA 481; 19 CA 631; 32 CA 656; judgment reversed in part, see 232 C. 345; 37 CA 228.
Notes of Decisions
Cited in
40
cases (
4 in the last 5 years), 1979–2024 · leading case:
State v. Salamon, 949 A.2d 1092 (Conn. 2008).
State v. Salamon, 949 A.2d 1092 (Conn. 2008).
· cites it 4× “Unlawful restraint in the second degree, for example, is a class A misdemeanor; General Statutes *1111 § 53a-96 (b); punishable by a term of imprisonment of not more than one year.”
State v. McCahill, 811 A.2d 667 (Conn. 2002).
· cites it 6× “See General Statutes § 53a-28 (b); 18 see also General Statutes §§ 53a-36, 53a-42. 19 Under the plain *516 language of P.”
Delevieleuse v. Manson, 439 A.2d 1055 (Conn. 1981).
· cites it 4× “General Statutes § 53a-36(2). A sentence of thirty months cannot be imposed for any one of the plaintiff's individual crimes.”
State v. Campbell, 429 A.2d 960 (Conn. 1980).
· cites it 4× “77-422 amended § 53a-36 2 to provide that when a person is fonnd guilty under § 53a-61a “the minimum term shall be not less than one year and such sentence shall not be suspended or reduced.”
State v. Kluttz, 521 A.2d 178 (Conn. App. Ct. 1987).
· cites it 4× “General Statutes § 53a-36 (2). The negligent homicide with a motor vehicle law continued in this form until 1981.”
State v. Oquendo, 613 A.2d 1300 (Conn. 1992).
· cites it 2× “See General Statutes § 53a-36. The defendant also claimed in his brief on appeal that Edwin was aware that the affidavit underlying the search warrant alleged that the defend *667 ant had stated to an informant that “his brother from Wallingford” had followed the defendant to…”
State v. Indrisano, 640 A.2d 986 (Conn. 1994).
· cites it 2× “” General Statutes § 53a-36 provides: “A sentence of imprisonment for a misdemeanor shall be a definite sentence and the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year except that when a person is found guilty under…”
St. Juste v. Comm'r of Corr., 177 A.3d 1144 (Conn. 2018).
· cites it 2× “" General Statutes § 53a-36. We begin by noting that § 53a-62 (a) appears to be a divisible statute **212 amenable to analysis under the modified categorical approach.”
State v. Mungroo, 935 A.2d 229 (Conn. App. Ct. 2007).
· cites it 2× “” General Statutes § 53a-36 (1). Plainly, the sentence of five years imposed by the court exceeds the statutory limit for the crime and must be corrected.”
State v. Childree, 454 A.2d 1274 (Conn. 1983).
· cites it 2× “General Statutes § 53a-36 provides: "A sentence of imprisonment for a misdemeanor shall be a definite sentence and the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year.”
State v. Floyd, 584 A.2d 1157 (Conn. 1991).
· cites it 2× “General Statutes § 53a-36. See, e.g., General Statutes § 6-31 (sheriffs) and § 7-90 (constables).”
State v. Vincent, 479 A.2d 237 (Conn. 1984).
· cites it 2× “We find no error as to the defendant’s claims, but remand for resentencing on the larceny conviction in accordance with General Statutes § 53a-36 (3). The trial court could reasonably have found the following facts: On July 11,1980, Josephine Vorisek left her house on route 25…”
— Conn. Gen. Stat. § 53a-36(2) — 1 case
Delevieleuse v. Manson, 439 A.2d 1055 (Conn. 1981).
“General Statutes § 53a-36(2). A sentence of thirty months cannot be imposed for any one of the plaintiff's individual crimes.”
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