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Connecticut Class B Misdemeanors
Class B misdemeanors are one of the four classes of misdemeanors under Connecticut law. They are punishable by up to 6 months imprisonment or a fine not exceeding $1,000.00 (CGS § 54-195). Generally, misdemeanors are classified from Class A to D, in order of decreasing seriousness. Felonies are more serious offenses than misdemeanors, with penalties ranging from 3 years to life and fines from $3,500.00 to $20,000.00.
Documents and information filed with the court in association with misdemeanors are maintained as part of the individual’s criminal court records and are presumed public. Despite being considered minor crimes, misdemeanors on a person’s record often carry consequences that extend beyond the legal penalties.
Common Examples of Class B Misdemeanors in Connecticut
The following are classified as Class B misdemeanors under Connecticut law:
- Second-degree breach of the peace
- Third-degree stalking
- Second-degree riot
- Second-degree criminal trespass
- Reckless endangerment in the second degree
N/B: This is not an exhaustive list. Furthermore, offense classifications vary by state, and as a result, these offenses may fall under different classes in certain states.
Statute of Limitations for Class B Misdemeanors in Connecticut
A statute of limitations is the period within which prosecution can be commenced for an offense. Under Connecticut law, there is no specific statute of limitations for Class B misdemeanors. The general statute of limitations for misdemeanors is 2 years, and may be longer for certain crimes, such as sex-related offenses described in CGS § 54-193. For example, any offense related to sexual abuse against a victim, age 18 to 20, the statute of limitations extends until the person’s 51st birthday.
| Offense Type | Statute of Limitations | Notes |
|---|---|---|
| Standard Class B Misdemeanor | 2 years | Most common offenses |
| Sex-related Violence | Depends | The sentence depends largely on the age of the victim |
Legal Penalties for Class B Misdemeanors in Connecticut
Under CGS § 54-195, the statutory penalty for Class B misdemeanors is jail time between 3 and 6 months or a fine up to $1,000.00. Subject to the court’s discretion, a sentence may include both jail time and a fine. Repeat offenses may result in longer incarceration periods or higher fines. In some instances, a misdemeanor sentence may include probation or community service.
Understand that beyond the immediate sentence, crimes may impose limitations on a person’s career or educational advancement. As such, it is important to understand the legal implications of a misdemeanor as well as the processes involved, and most importantly, to lead a crime-free life.
Court Process for Class B Misdemeanors in Connecticut
Although the process involved varies with various cases, the general process is fairly the same for most criminal proceedings. Class B misdemeanor court processes typically involve the following steps:
Step 1: Arrest
In most cases, arrests are preceded by an investigation or a complaint, leading to the issuance of an arrest warrant that is then used to execute an arrest. An arrest may only occur at the spot under certain circumstances that necessitate such, e.g., the offense was perpetrated in the presence of the officer, or there is the likelihood of escape.
Step 2: Determination of bond and arraignment
Following an arrest, a bond will be set. If the arrestee can post the bond, they are released from custody and notified of a date for their arraignment. If the bond is not posted, the arrestee is entitled to a bond hearing on the next business day. At the arraignment, the arrestee is formally informed of the charges against them and may be required to enter a plea.
Step 3: Pretrial stage
This stage usually consists of several actions, including discovery, pretrial conference, plea bargaining, etc. Discovery usually involves gathering evidence and obtaining witness statements. During plea bargaining, the prosecution and the defense meet to negotiate, and the defendant may be asked to plead guilty in exchange for a reduced sentence or other favorable deals that ultimately reduce the potential penalties for the offense.
Step 4: Trial and sentencing
If the case is not resolved during the pretrial stage through a plea agreement, it proceeds to trial. Most misdemeanors in Connecticut are heard in a jury trial. If the jury finds the defendant guilty — either by plea or after trial — it shall determine a sentence. The sentence may be announced on the date the plea is entered or on a scheduled later date. Penalties may be community service, a fine, or up to 364 days of imprisonment.
How Class B Misdemeanors Affect Your Criminal Record in Connecticut
Once a person is convicted of a misdemeanor, the offense is recorded in their criminal record and is visible during background checks and other official reviews. Depending on the nature of the offense, the affected individual may face challenges with housing, education, and employment opportunities, among others. For instance, jobs in healthcare, finance, and government are usually difficult for people with a record to get due to background checks, licensing, and certain laws.
Some colleges may deny admission or rescind offers if they discover a criminal record. Additionally, financial aid, grants, and certain scholarship opportunities are usually unavailable to students with a record. Note that the impact varies by jurisdiction, as the law in some states limits access to criminal records to specific agencies.
Moreover, certain state laws, through “Ban-the-box” and “fair chance” provisions, restrict employers from asking about criminal history too early in the hiring process, e.g., Connecticut’s Fair Chance Law. In addition, Connecticut’s Clean Slate law provides for the automatic erasure of eligible records. Individuals can also clean their records by requesting an absolute pardon or an expungement. Note that
Differences Between Class B Misdemeanors and Other Offenses in Connecticut
Class B misdemeanors are one step less serious than Class A misdemeanors, but are more serious than Class C and D misdemeanors. The main distinguishing features between the different offense classes under Connecticut law are the potential penalties. On a broader scale, misdemeanors are less serious than felonies, but are more serious than violations and infractions. The table below shows the different penalties applicable to various offense classes:
| Crime classification | Prison term | Maximum fine |
|---|---|---|
| Class A felony (special circumstances of murder) | Life | $20,000 |
| Class A felony murder | 25 to 60 years | $20,000 |
| Class A felony (aggravated sexual assault of a minor) | 25 to 50 years | $20,000 |
| Class A felony | 10 to 25 years | $20,000 |
| Class B felony (first-degree manslaughter with a firearm) | 5 to 40 years | $15,000 |
| Class B felony | 1 to 20 years | $15,000 |
| Class C felony | 1 to 10 years | $10,000 |
| Class D felony | Up to 5 years | $5,000 |
| Class E felony | Up to 3 years | $3,000 |
| Class A misdemeanor | Up to 364 days | $2,000 |
| Class B misdemeanor | Up to 6 months | $1,000 |
| Class C misdemeanor | Up to 3 months | $500 |
| Class D misdemeanor | Up to 30 days | $250 |
| Violations | None | $100 to $500 |
| Infractions | None | $35 to $90 (plus a $35 or $20 surcharge |
How to Check for Class B Misdemeanors in Connecticut Court Records
When looking for a Class B misdemeanor record, the first step is identifying the specific court or county where the case was filed. It is also important to know the full name and sometimes the defendant’s date of birth, as these details are often required to perform a record request or search. Record requests may be submitted in person at the court clerk’s office. Depending on local court rules, a requester may be required to pay certain fees or present a means of identification during a request.
Online access to records can also be achieved using the Connecticut Judicial Branch’s criminal case look-up site. Search criteria include the defendant’s first and/or last name, year of birth, courthouse location, docket number, and juris number.
Can a Class B Misdemeanor Be Expunged or Sealed in Connecticut?
Yes. Connecticut’s Clean Slate Law provides for people convicted of misdemeanors and many lesser degree felonies to have their records erased, granting them a second chance at restored rights (e.g., firearm possession), improved educational and employment opportunities, and better access to housing.
To be eligible for erasure, a person must have completed their sentence and must not have any convictions in the last 7 years. Erased records are sealed from public access, but remain accessible to certain parties (including prosecuting and defense attorneys (CGS § 54-142a (f))), unless the defendant requests their physical destruction. Only records erased due to the decriminalization of the associated offense are physically destroyed.
Sexual and domestic violence offenses are among offenses not eligible for erasure under the Clean Slate Law. If a person believes that they qualify for automatic expungement but their record wasn't expunged, they may request a clean slate hearing. Note that expungement/sealing laws vary by state and often involve different procedures.
The table below summarizes clean slate erasure for different conditions.
| Condition | Eligible for Expungement? | Waiting Period | Notes |
|---|---|---|---|
| Convictions | Yes | 7 years after sentence completion | Must have no pending charges |
| Dismissal or acquittal cases | Yes | Varies by case | Automatic erasure takes place after the time to take an appeal or file a writ of error has expired |
| Nolle Prosequi | Yes | 13 months after the nolle was entered | Not eligible under Connecticut law |
| Pardoned cases | Yes | No waiting period | Records pertaining to pardoned cases are erased immediately (CGS § 54-142a (d)) |