A Middlesex Judicial District jury acquitted our client of 10 counts of child sexual assault on Tuesday, May 24, 2022. The jury reached their verdict after five days of trial and approximately nine hours of deliberation.

This client was acquitted of 10 felony counts of sexual assault and risk of injury to a minor stemming from a 2019 arrest.

“[My client] maintained his innocence from day one and we are extremely pleased that justice prevailed in this case” said Attorney Douglas Rudolph, who led the defense team.

“This was a nine-minute investigation,” Attorney Rudolph told the jury in his closing argument, referencing the recorded interview between State Police and the accused — only 9 minutes into the discussion of the allegations, the detectives told him they knew he was guilty of the allegations. “The police started with a conclusion, and they have been working their way backwards ever since.”

The defense highlighted the hasty investigation and the egregious lack of investigative follow up on behalf of the State Police Central District Major Crimes Squad. Various contradictory or downright confusing details from the accusations were taken at face value, without any corroboration or fact-checking by police, despite ample opportunity to do so. For example, at various times throughout the investigation and trial, the abuse was alleged to have begun in either 2007, 2008, or 2009. Despite the allegations that the abuse began when the complainant’s father was incarcerated, the police never looked up his incarceration history. At every point along the way, [the client] adamantly denied the allegations. But the police had already decided after nine minutes of speaking with him. This was a rush to judgement by police and in this case, justice prevailed.

Each state has its own criminal justice system – Connecticut is no different. The state’s legislative body passes laws that regulate conduct and specifies the penalties that a judge can – or must – impose when an individual violates or breaks a law. This set of laws is called a penal code.

Most states, including Connecticut, sort crimes into the following three categories:

1. Infractions: Offenses that usually aren’t very serious and involve low-level misconduct, such as traffic violations. Punishment typically involves a fine or some other minor penalty.
2. Misdemeanors: These crimes are usually considered minor, but that’s a broad statement because they can sometimes be serious – and come with severe penalties. Generally speaking, they are more serious than infractions and less serious than felonies. Punishment usually involves less than a year in prison, probation, or community service. Or, a combination of those penalties.
3. Felonies: These are the most serious crimes as determined by law. Prison sentences range from at least a year in prison up to life in prison. Up until recently, it was possible to get the death penalty here, but in 2012 Connecticut abolished that punishment, and in 2015, the state supreme court upheld that law. Prisoners on death row are now eligible to reduce their sentences to life in prison without parole.

Connecticut’s General Assembly, like most state legislatures, updates its penal code from time-time.  Between 1995 and 2015, nearly 50 crimes were elevated from misdemeanors to felonies. From the above, you probably already have some idea of why that’s important, but here we’re going to dive deeper into the specifics, including which crimes and why it happened. First, though, let’s get a bit more granular on what the different categories mean and how they’re broken down even further in our code.

What the Various Categories of Crimes Mean in Connecticut

Connecticut’s legislative body, the General Assembly, under the Connecticut Penal Code, currently expands its misdemeanors and felonies into subclasses as follows.

Misdemeanors

• Class A: The most serious class. Crimes include prostitution and money laundering. Violators could receive up to one year in prison and fines up to $2000.
• Class B: Still serious, but not as bad as class A. Crimes include misuse of 911 services and breach of the peace. Violators could receive up to six months in prison and fines up to $1000.
• Class C: Not as serious as Class B. Crimes include disorderly conduct and harassment. Sentences include up to three months in prison and fines up to $500.
• Class D: The least serious misdemeanors. Sentences include up to thirty days in prison and fines up to $250.

Felonies

• Class A: As with misdemeanors, the most serious class. Crimes include murder and assault of a minor. Prison sentences range from 10 years to life and fines can go as high as $20,000.
• Class B: Not quite as serious as a class A Crimes include first-degree manslaughter and assaulting a corrections officer. Sentences include up to 40 years in prison and fines up to $20,000.
• Class C: Not quite as serious as class B. Crimes include burglary and robbery. Sentences include up to 10 years in prison and fines up to $10,000.
• Class D: The least serious felonies. Prison sentences range from one to five years and fines can go as high as $5000.

How and Why Connecticut Elevates Misdemeanors to Felonies

Sometimes legislators update laws to reflect public opinion and show that they are tough-minded about crime. They also update laws to reflect changing practices and society’s viewpoints.

Here are some of the ways the General Assembly has increased misdemeanors to felonies:

• They changed the penalty of a specific act, elevating it from a misdemeanor to a felony. For example, the General Assembly identified certain professionals and decided to consider an assault against them – which was previously a Class A Misdemeanor – as one intended to keep them from performing their work. As such, they elevated the act to a Class C Felony. Such workers included emergency medical personnel and public transit workers.
• They revised the definition of the criminal conduct, and either elevated it to a felony or created a separate crime. For example, before 2002, all fourth-degree sexual assaults – which were previously defined as sexual conduct with a non-consensual person – were Class A misdemeanors. In 2002, the General Assembly added non-consensual assault for victims under 16 years of age and added a Class D felony sentence, thereby creating a separate crime.
• They removed certain parts of a misdemeanor’s law and elevated only that section into a separate felony. Before 1997, if an individual impersonated a police officer, their crime was part of a misdemeanor that included impersonating officials. That year, legislators created a separate felony for impersonating a police officer. The prior misdemeanor remained.
• They have added factors to the previously listed conduct. In 2016, the General Assembly revised the penalties for drivers who leave the scene of an accident. Before 2016, leaving the scene of an accident was considered a Class A Misdemeanor. After that year, if that individual caused any type of physical injury, even a minor injury, it was elevated to a Class D felony.

These laws tend to be broad and open-ended. How they are applied is often up to the interpreter’s discretion (i.e. police, district attorney). This is just one of the reasons it is so important to have a knowledgeable legal professional on your side. They may be able to show that your actions did not rise to the level of a felony and get your charges reduced – or even dismissed altogether.

Many people mistakenly believe that ex-offenders are not allowed to ever vote again; that their right to vote has been permanently taken away because of their conviction. However, this is not the case. Many states automatically restore voting rights upon completion of your sentence – including Connecticut.

Voting is a constitutional right, and it’s your civic duty to play an integral role in the democratic process.  It’s one of the highest forms of citizenship. Cynicism aside, voting is the participation in the election of officials who shape laws and policies that directly affect the world in which you live.  It’s the expression of your values, and how you believe government should (or should not) have a role in people’s lives.  In the ever-evolving and perpetual battle to eliminate institutional and social barriers to give all people the opportunity to pursue happiness, your vote is a form of advocacy.  This is why your participation is important – because your voice matters.

However, upon a conviction of a criminal offense, the right to vote can be taken away – the idea for which has existed since ancient Greece and Rome, according to the National Conference of State Legislatures (“NCSL”). Typically, taking away a person’s right to vote is usually restricted to felony offenses – although some states extend this restriction even to misdemeanors and other offenses.  In ancient Europe, losing one’s voting rights was part of what was known as “civil death”, which also consisted of losing one’s property, the right to appear in court, and the right to enter into contracts. This was brought to America by English colonists. But most aspects of it were eventually discarded except for “felon disenfranchisement”, which still exists in America, although progress has been made.

The right to vote has evolved through a painstaking process throughout U.S. history. At one time, the right to vote was reserved only to white men whom owned land. Through several highly contentious and controversial amendments to the U.S. Constitution over the past 150 years, this right has slowly expanded.

These amendments include:

1870: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

1920: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”

1964: “The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.”

1971: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

In other words, the U.S. Constitution currently states that the right to vote is not to be denied on the basis of race, color, previous condition of servitude, sex, failure to pay poll tax or other taxes, and age (upon turning 18). These amendments gave Congress the power to make laws through the legislature to enforce these rights. However, voting rights are predominantly determined at the state level, regardless of whether you’re voting in a federal or state election. In many states, once a person leaves jail/prison and/or completes the conditions set in their parole or probation, their voting rights are automatically restored without them having to do anything else. A minority of states permanently disenfranchise people with a past felony conviction or require they petition the government to have their right restored.

State approaches to felon disenfranchisement significantly vary. For example, according to the NCSL, in Maine and Vermont, felons never lose their right to vote, even while they are incarcerated. In Florida, Iowa and Virginia, felons permanently lose their right to vote. Virginia and Florida have supplementary programs which facilitate gubernatorial pardons. The remaining states each have their own approaches to the issue.

• In 38 states and the District of Columbia, most felons automatically gain the right to vote upon the completion of their sentence.
• In some states, felons must wait for a certain period of time after the completion of their sentence before rights can be restored.
• In some states, a felon must apply to have voting rights restored.

In Connecticut, individuals convicted of a felony are ineligible to vote while incarcerated or on parole. However, voting rights are automatically restored upon release from incarceration and completion of the supervised release period (if applicable). Also, anyone who has been convicted of a felony after January 1, 2002 and has been sentenced to just probation, rather than sentenced to confinement in an institution, is eligible to vote. If you are an ex-offender that meets this criteria, all you need to do is re-register to vote to participate in future elections. To apply for voter registration, you must visit the Registrar of Voters of the city or town in which you reside. Upon submitting satisfactory proof of his/her qualifications, your right to vote will be restored. If the city or town in which you resides is different than the city/town that you had resided in at the time of your felony conviction, the latter town will be notified that your voting rights have been restored.

To register online, visit CT’s Online Voter Registration System. You must have a valid CT driver’s license, permit, or photo ID card, and a signature on file with the DMV. Complete all the required fields as you go through the application.

For more information on voting laws by state, visit felonvoting.procon.org.