Sometimes people make mistakes. Whether it was a moment of youthful indiscretion or a lapse of judgment caused by alcohol, they simply happen.

At the same time, these mistakes can result in permanent criminal records. Still, that doesn’t mean it’s fair for a minor issue to follow you your whole life.

If you’re a Connecticut citizen who’s made a mistake, you might be eligible to get your criminal record pardoned, which could ultimately clear your record forever, no matter the original charge.

What are the Two Types of Connecticut Pardon?

There are two kinds of pardon available in Connecticut. These pardons can help you find work, housing, and generally make your life easier. They work differently and help you in unique ways.

Absolute Pardon

An absolute pardon is what you probably think of when you hear the word “pardon.” With this, your charges are completely expunged from your criminal record. You will appear as though you have never been convicted when someone conducts a background search on you.

Certificate of Employability

A certificate of employability does not affect your criminal record. Instead, it makes it illegal for a company to discriminate against you due to your criminal history. Convicted offenders are not otherwise a protected class.

This certificate allows someone who has been convicted to get a job again. It also allows the grantee the right to hold certain types of licensing. For people with skills that require those licenses, this is the difference between finding a job and being unemployed.

Who is Eligible for a Connecticut Pardon?

These pardons do have guidelines regarding who may receive them. In general, the Connecticut Board of Pardons and Paroles must be convinced that you have learned from your mistakes. Furthermore, there is sometimes a waiting period before you are eligible, to watch for signs of recidivism.

Absolute Pardon Eligibility

The most important aspect of your eligibility for an absolute pardon is time. You are eligible for an absolute pardon three years after a misdemeanor conviction, and five years after a felony conviction.

You are never eligible for an absolute pardon if you have a federal conviction or your conviction is under any other state. Also, you are ineligible for a pardon whenever you have pending court cases.

Certificate of Employability Eligibility

You can seek a certificate of employability as soon as you are sentenced. You are eligible for a certificate of employability no matter where you were convicted.

This pardon may require certain types of rehabilitation, but certainly worth the extra effort if it means being able to support yourself and live on your own because you are employed.

How Do You Apply for a Pardon in Connecticut?

The process of applying for a pardon is complicated and has many steps. Make a copy of all the paperwork you submit, in case anything gets lost in the mail.

• Consult with a lawyer. You are most likely to fill out all of the paperwork correctly if you have someone on your side who is trained to help you.
• File a petition for a pardon. This packet includes the majority of the forms you need to fill out.
• Submit $25 and your fingerprints with the petition. You can get yourself fingerprinted at police stations around the country.
• Get a copy of police reports for all of your arrests in the past ten years. This includes arrests out of state.
• Get at least three letters of reference. Only one can be from your family. Community leaders are considered more credible, so look for people like religious leaders, employers, or teachers.
• Write and submit a personal statement that explains you are sorry for and understand the effects of your crime.
• Attend the pre-screening and the actual hearing that the Board schedules for you upon receipt of your petition. Bring a lawyer to these if you are concerned.

The Board of Pardons and Paroles Will Evaluate Your Case

Pardons are granted at the discretion of the Board of Pardons and Paroles. There are several reasons you may or may not be granted a pardon. The board takes into account your crimes, your work history, your personal references, any history of rehabilitation, and the time since conviction.

An Initial Denial From the Board Doesn’t Always Mean No Hope

If your petition is denied, you must wait at least a  year before you resubmit. During this time, you can consult with a lawyer for the best ways to improve your petition.

One mistake doesn’t need to affect your life forever. In Connecticut, you can look into a criminal record sealing/pardon, and get back into work. Put your past mistakes behind you, and improve your life with a pardon.

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.

Amidst the COVID-19 pandemic, people are doing what they can to stay safe. In many places, including Connecticut, that means wearing a mask when out in public.

The problem is that enterprising thieves are using this to their advantage. In fact, one Connecticut couple went on an eight-day crime spree using masks and surgical gloves to evade recognition as they robbed convenience stores and gas stations.

No matter the circumstances, shoplifting is a crime that is harshly punished in Connecticut. Obscuring facial features and fingerprints doesn’t mean a person won’t be caught. When they are, here are some of the charges that can be faced.

What is Shoplifting?

Shoplifting is also referred to in Connecticut as larceny. It involves taking something from a retail store that you do not intend on paying for as well as actively discarding security devices that are attached to items, putting items in different packaging in order to make it cheaper, or altering the price tag on an item.

Penalties for Shoplifting

Shoplifting in Connecticut can be charged as either a misdemeanor or a felony, depending on the value of the merchandise that was stolen. Under state law, these are the levels of larceny are broken out by first- through sixth-degree.

Penalties can range from a few months in jail to two decades behind bars, and fines can reach up to $15,000.

First-Degree Larceny

This is a Class B felony involving items stolen that were valued over $20,000. This charge carries with it a jail term of up to 20 years and a fine up to $15,000.

Second-Degree Larceny

This is a Class C felony where the value of items stolen is between $10,000 and $20,000. It can result in a fine up to $10,000 as well as jail time up to 10 years.

Third-Degree Larceny

A Class D felony, third-degree larceny is charged when the items stolen are valued between $2,000 and $10,000. It can result in a jail term of up to five years and a fine up to $5,000.

Fourth-Degree Larceny

For this Class A misdemeanor, the value of the items stolen is between $1,000 and $2,000. It can result in up to one year in jail and fines up to $2,000.

Fifth-Degree Larceny

Shoplifting items valued between $500 and $1,000 can result in a charge of this Class B misdemeanor. It can be punishable by up to six months in jail and a fine up to $1,000.

Sixth-Degree Larceny

Shoplifting items valued at $500 or less can result in the charge of this Class C misdemeanor. It can result in jail time up to three months and a fine of $500.

A conviction of shoplifting can also lead to being held legally responsible in a civil court case, should the rightful owner of the stolen property choose to pursue damages.

This could place the defendant in the position of having to pay the full value of the item that was stolen, paying the attorney’s fees and court costs of the store or owner of the merchandise, and/or covering financial losses that were experienced by the owner of the store.

Intent Matters When Defending Your Case

When arrested for shoplifting in Connecticut, police must have probable cause that the alleged perpetrator intended to steal the merchandise. It does occur sometimes that a person accidentally leaves a store without paying for an item, but most security personnel in stores are trained to look for common schemes associated with shoplifting.

Under Connecticut law, any person who intentionally hides an item that has not been purchased is presumed to have done so with the intent to take the item without paying for it.

Be aware of the things you’re carrying in the store, because even if you have your face covered to protect against COVID-19, it cannot protect you from shoplifting charges.

A stark separation between juvenile and adult defendants, the laws governing crimes committed by underage offenders have always allowed for greater privacy.

These are the laws that protect a minor’s name from being shared in the media and other public forums, for instance, when they’ve committed a juvenile offense.

So what happens when a juvenile offender has committed a felony?

Normally, these charges are processed as if the juvenile were an adult, which, in some cases, can nullify the privacy privileges juveniles are afforded. Connecticut recently passed a law, however, affording greater privacy protection to juvenile felony offenders.

Connecticut Ensures Every Juvenile’s Privacy From the Public

Traditionally, juvenile defendants between the ages of 15 and 17 who were charged with murder, class A felonies, or certain class B felonies, would be charged as adults. This also meant their trials would be held in an adult court.

In adult courts, offenders have no right to privacy. Their information may be retained on the public record and these trials are open to the public.

The new law says that minors charged with felony-level crimes do still have rights to privacy and may request secrecy and other privacy-related protections during their trials, including:

• The right to a trial that is not open to the public
• The right to hold trial proceedings separately from adult proceedings
• The right to confidential records the same as other juvenile offenders

From initial arrest through court trial and sentencing, this new law ensures that every juvenile offender is afforded the same level of privacy throughout the process. At no point will information about a juvenile’s case be legally available to the public in Connecticut.

What to Do When Your Connecticut Teen is Facing a Felony Trial

If your teen has already been charged with a juvenile felony, and your family is currently awaiting trial, there is still time to ensure your child’s privacy.

Your first step is to contact the courts handling your son or daughter’s case. Because the legislation is so newly enacted, one way to make sure your rights are being protected is by consulting an experienced Connecticut criminal defense attorney who also has extensive experience working with juvenile courts.

The juvenile justice system operates separately from the adult court system, and it is vital you follow procedures correctly and within the proper time limits.

Connecticut’s new law is expected to have a far-reaching impact on juvenile felony offenders, and partnering with the right defender will ensure your child has the best possible chance at a fair shake.

The New Law’s Impact on Connecticut’s Juvenile Felony Offenders

For juveniles charged with felony-level crimes, Public Act 19-187 has major implications. Perhaps the most important of these is that juvenile felony offenders are no longer automatically tried in adult courts.

More Options for More Offenders

Under the new law, it is now up to the court whether to the juvenile justice system to the adult system. For offenders whose cases remain in the juvenile justice system, this means having more protection and access to more resources not afforded to adults charged with similar crimes.

Less Access to Criminal Records and Less Recidivism

Another major impact? Allowing a greater number of juvenile offenders to move on after serving their sentences.

Under the new law, all records surrounding their charges and potential conviction will now be sealed, including those of juvenile felony offenders. This makes passing a background check in the future much easier.

The shift in focus away from taking strictly punitive measures and more toward rehabilitation ensures Connecticut’s youth will have the best chances of becoming successful and contributing adults in our communities.

Connecticut doesn’t play around with DUI convictions. The state has made it abundantly clear that it takes driving under the influence seriously and will do what it takes to reduce the numbers.

One way of doing this is through the use of mandatory minimum sentencing. Every level of DUI in the state of Connecticut will see you in jail along with other penalties.

Understanding what the law says and what the penalties are is important for drinkers. This can help you to stay below the legal limit and make safe decisions when choosing whether to drive after drinking.

What are Connecticut DUI Laws?

Connecticut law defines driving under the influence in two primary ways. The first of these statutes state that a person cannot drive a car while under the influence of alcohol or drugs. The second of these statutes says:

“with an “elevated” blood alcohol content (BAC). A person is under the influence if his ability to drive is affected to an appreciable degree. The maximum allowable BAC depends on the driver’s age and the type of vehicle he or she is operating.”

According to the law, drivers over the age of 21 are considered to have an elevated blood alcohol level if at 0.8% BAC or above. For a commercial motor vehicle, such as a large transportation or cargo truck, a person has an elevated blood alcohol level at 0.04%. If a person is under the age of 21 then they are considered to have an elevated blood alcohol level at 0.02% or above.

Penalties for Driving Under the Influence in Connecticut

Driving under the influence is charged at different levels depending on how severe the crime is and surrounding factors of the arrest. Contributing factors may include previous convictions for DUI.

First Offense

For a first time DUI arrest in Connecticut, the penalty is up to 6 months in jail with a mandatory minimum of 2 days. Or, a 6 month suspended sentence with probation requiring 100 hours of community service. First-time violators will also be required to pay a fine of between $500 and $1,000. Finally, violaters will also face a 45-day license suspension with a requirement for an ignition interlocking device for a period of 1 year.

Second Offense

If a person has one previous conviction for DUI, the penalties will be more severe during the second conviction. The penalty is up to 2 years in jail with a mandatory minimum sentence of 180 days and probation with a requirement for 100 hours of community service. Violaters will also be required to pay a fine between $1,000 and $4,000 with a mandatory 45-day license suspension. There will also be a 3 year requirement to drive with an ignition interlocking device with the first year having a requirement to only drive to and from work and a drug and alcohol abuse treatment program.

Third Offense or More

For the third offense or greater, the penalty for a DUI is up to 3 years in jail with a mandatory minimum of 1 year in jail and probation with a requirement of 100 hours of community service. A fine of between $2,000 and $8,000 will also be levied against those convicted. An additional permanent license suspension with the possibility of review after a period of 2 years.

Aside from these penalties, offenders will be required to attend drug and alcohol abuse treatment courses on top of any extra requirements imposed by the court. This is in addition to the potential for lost wages due to jail time or inability to drive to work and other social negatives. Driving under the influence is a serious crime and it’s important to understand the potential ramifications before you decide to drive after drinking.

While the criminal justice system in Connecticut is certainly designed to administer punitive measures upon those who commit crimes, courts recognize that many offenders aren’t career criminals – they simply made a mistake.

To help those that find themselves charged with non-violent crimes for the first time, Connecticut offers a second chance through pretrial diversion programs.

These programs address a variety of criminal issues and can help keep your criminal record clean. Here’s what you need to know about taking advantage of Connecticut’s pretrial diversion programs.

What is a Connecticut Pretrial Diversion Program?

For people facing their first criminal offense in Connecticut, they may be eligible for a pretrial diversion program. These programs are meant for low-level offenses. The crime cannot be violent, nor can it be sexual in nature.

The goal of these programs is to reduce crime by addressing underlying factors that may have led to criminal behavior. Think drug abuse leads to possession or trafficking charges.

They offer an opportunity for non-violent offenders to rehabilitate through the means of community restitution rather than criminal sanctions.

Successful completion can also help your Connecticut criminal defense attorney make cases for having your charges dropped and your criminal record expunged.

Learn more here about five of the most widely accessed pretrial diversion programs in Connecticut.

Family Violence Education Program (FVEP)

This program specifically targets those charged with family violence offenses. During the program, educational classroom hours must be completed.

After completion of the classroom component, the offender must complete a probation period (usually 1-2 years). Upon successful probation completion, charges can be dismissed.

Note, however, you are only eligible for this program once.

Accelerated Rehabilitation (AR)

This is a program that is basically a probationary period that includes things such as community service and counseling. First-time offenders charged with some minor traffic violations or crimes are eligible for this program.

It primarily serves those charged with a Class D felony or misdemeanor that is not likely to re-offend. Those charged with Class B or Class C felonies may also qualify if they are able to show the court good cause but repeat offenders will not be welcomed into the program.

Again, offenders are only eligible once. Additionally, they cannot have any prior convictions. It can last up to two years but successful completion can result in charges being dismissed.

Community Service Labor Program (CSLP)

This is a program for those convicted of a first-time drug paraphernalia offense or first-time drug possession Trafficking crimes and prior offenders are ineligible for participation.

Supervised Diversional Program

Veterans with mental health conditions and those with psychiatric disabilities can qualify for this program. It’s also a program for people who have been charged with minor crimes or traffic violations. You must meet the same eligibility requirements as the AR program in order to enroll.

Pretrial Drug Education and Community Service Program (DECSP)

For individuals charged with possession of drug paraphernalia or possession of drugs. This is a 15-week program that includes a mix of education classes related to substance abuse and drug treatment, as well as community service if ordered by the court.

This program can be accessed three times at most. The third request often requires a show of good cause in court. Successful completion results in a complete dismissal of charges.

Pretrial Alcohol Education Program (PAEP)

This is a program for those charged with driving (or boating) under the influence. It can last up to 15 weeks or for a court-specified amount of time, depending on the circumstances surrounding the case. Anyone with a commercial driver’s license is ineligible for this program.

Pretrial diversion programs provide you with an opportunity to take a different path. They can be a great option for those charged with minor crimes for the first time and do not want a criminal record to follow them for the rest of their lives.

If you or someone you love is in that position, then exploring pretrial diversion programs in Connecticut may be your best opportunity to change directions and to clear your record when you’ve made a mistake.

COVID-19 has had a dramatic impact on the everyday lives of people all over the world. One of the biggest changes? The government’s request for citizens to “shelter in place.”

Essentially, this kind of order calls for limited time outside your home to essential activities like work, medical appointments, or to get groceries.

Naturally, families and partners are spending more time together than ever and people are stressed. This can be a recipe for disaster sometimes, and worst-case scenario? We see a spike in domestic violence.

In Connecticut, those who face domestic violence charges can face some harsh penalties. That’s why it’s important to know what qualifies as domestic violence in Connecticut and the penalties associated with a conviction.

What is Domestic Violence in Connecticut?

Under Connecticut law, domestic violence, also sometimes referred to as family violence, is an incident usually involving physical harm, bodily injury, threatened violence, or assault that occurs between one household or family member against another.

Many different crimes can be charged as domestic violence as long as the act involves individuals of the same family or household. Three of the most common domestic violence offenses in Connecticut are threats to a family member, assault, and sexual assault.

Threatening a Family Member

One common criminal offense associated with domestic violence is threatening. According to the law in Connecticut, someone can be charged with a misdemeanor or felony threatening of a family member or partner.

Depending on how a threat is made, an offender may face either first- or second-degree threatening charges.

First-Degree Threatening: This is a Class D felony. The defendant must have made a threat with a firearm in order to be charged with this felony and can face up to five years in prison, a $5,000 fine, and probation as a result.

Second-Degree Threatening: When there is no weapon involved, a threat is classified as a Class A misdemeanor. A conviction usually carries a jail sentence that can reach one year, a maximum fine of $2,000, and a stint on probation.

Assault Against a Family Member or Partner

In Connecticut, assaulting a child, spouse, partner, or another member of the family can result in a charge of felony or misdemeanor assault.

How a person is charged depends on the severity of the victim’s injuries and whether or not a firearm was involved. The penalties for assault are also broken down by degree:

First-Degree Assault: This is a Class B felony where a deadly weapon was used or there was intentional dismemberment or amputation. If convicted of these charges, the defendant can face a prison sentence of one to 20 years and up to a $15,000 fine.

Second-Degree Assault: This is a Class D felony and can result in a sentence of up to five years in prison, a fine of $5,000 and probation

Third-Degree Assault: This is a Class A misdemeanor and is the most common charge associated with domestic violence. If convicted, this carries a penalty of up to one year in jail, a $2,000 fine, and probation.

Sexual Assault

When someone forces themselves sexually on a spouse or partner, it is a Class B felony. A conviction carries up to a 20-year jail sentence. Fines can reach $15,000. It doesn’t matter whether you’re committed. No still means no.

Any Connecticut Crime Can Be Domestic Violence

In today’s post, we’ve only covered the three crimes most associated with domestic violence charges here in Connecticut. The fact is, any crime perpetrated against a family or household member can result in a domestic violence arrest, and the penalties can be stiff.

As you weather the coronavirus storm together with family, try to be patient with yourself and with one another. If it comes down to taking a walk or doing something you might regret, count that walk as essential business.

It’s been said that it takes a village to raise a child. When it comes to juvenile crimes in Connecticut, that village can also contribute to a whole set of risk factors to a child’s choices to participate in criminal behavior.

So, though writing off juvenile crime as youthful indiscretions are quite tempting, understand things are much more complicated than that.

Decades of research have identified a number of consistent risk factors contributing to some of the most common juvenile crimes in Connecticut. Let’s take a closer look…

Is Your Child Considered “At Risk” in Connecticut?

According to the National Criminal Justice Reference Service, there are handfuls of risk factors for committing juvenile crimes that can be identified as young as six years old. They generally fall under one of five main categories: Individual, Family, School, Peer, and Community.

Individual Risk Factors

For young children, ages six to 11, individual risk factors can be innate — as simple as being male, hyperactivity, dishonesty, and aggression. Later, between 12 and 14, they include factors such as physical violence, substance use, and antisocial behavior.

Family Risk Factors

Among young children, family risk factors can include poor parent-child relationships, neglect, abuse, and separation from parents. As children get older these risk factors can include low parental involvement, poverty, and both discipline that is too harsh or too lax.

School Risk Factors

For young children, a poor attitude about school can be a warning sign while in older kids academic failure is a factor that can influence juvenile crimes

Peer Group Risk Factors

Young children with little to no social ties tend to perpetrate juvenile crimes while older children that are members of a gang or have peers with antisocial tendencies tend to be at risk

Community Risk Factors

Children, no matter age, are at higher risk if they live in a neighborhood that is rife with drugs and crime or if their neighborhood is highly disorganized.

Common Juvenile Crimes in Connecticut

When risk factors come together and a juvenile becomes caught up in the Connecticut juvenile criminal justice system, it is most often for these three offenses:

Possession of Drugs

This is one of the most common juvenile crimes because when juveniles are searched as a group and just one has drugs, often all people in the group are charged with possession. However, to be convicted of possession, the defendant has to be shown to have known the character of the controlled substance, knew the presence of it and had control over it.

Assault

Assault can be anything from threatening school mates to physically beating up another person. The severity of the crime has a bearing on how it is charged. The most common types of assault charged to juveniles in Connecticut include:

• Assault in the first degree – This is a Class B felony. A person is guilty of this felony when there was intent to do cause serious physical harm to another person and can involve a dangerous instrument or deadly weapon. They can also be charged with this felony if there was intent to disfigure the person or cause permanent damage.
• Assault in the second degree – To be found guilty of assault in the second degree, a Class D felony, the defendant must have intended to inflict serious damage to another, cause damage to another with the use of a deadly weapon, or recklessly cause serious physical damage to another utilizing a deadly weapon or other dangerous instruments.
• Assault in the second degree with a firearm – This is a Class D felony. A person is found guilty of this felony when they commit assault in the second degree and threaten or display a firearm during the assault.

Sex Crimes

Juveniles are also commonly charged with sex crimes such as:

• Sexual assault in the First Degree – This can be a Class A or Class B felony. If they compel another to engage in sexual intercourse with them by use of force or threat of force that causes a reasonable person to fear physical injury. It also applies if the person they engaged in intercourse with was under the age of 13 and the person being charged is more than two years older than they are.
• Sexual assault in the Second Degree – This is a Class B or Class C felony. They are guilty of this degree of sexual assault if they engage in sexual intercourse with another person and the person is 13 years of age but under 16 and the defendant is two years or more older, the victim was not able to consent due to mental defect, or the victim was physically helpless.

Juveniles facing charges need proper representation by an experienced Connecticut criminal attorney in order to have the best chance at getting their charges dropped, dismissed, or reduced.

Being convicted of any crime is, in its own right, something that is bound to follow you long after you’ve done your time. That being said, research suggests there are certain convictions that seem to be viewed far more negatively in society…and for much longer.

Sex crimes are among the worst. This is because while, yes, there are legal penalties attached to sex crime convictions, there are also significant social penalties.

The unique and unparalleled stigma surrounding sex crime convictions can be likened to suffering an entirely new set of repercussions after an offender’s criminal sentence is already complete.

First, let’s cover what the law says about sex crimes in Connecticut. Then, let’s take a look at what happens beyond criminal conviction and sentencing.

Connecticut Sex Crime Laws and Penalties

There are a wide variety of crimes that fall under the sex crime label. In general, sex crimes are any crime that involves unwanted sexual contact. Connecticut’s sex crime laws cover a range of illegal activities from verbal harassment to rape to trafficking.

Sexual Harassment and Stalking

Verbal sexual harassment becomes a crime when intent to make the victim annoyed, alarmed, or otherwise feel harassed exists. This behavior can easily be elevated to charges of stalking.

Traveling places or otherwise tracking a victim, or even providing unwanted gifts, can be considered stalking. Any situation where a reasonable person might fear for their safety or suffer emotional distress may be considered a crime.

First-time offenders may be charged with a Class A misdemeanor, but beyond a first offense, you’re subject to felony charges.

Non-violent Sexual Assault

Actual physical contact leads to sexual assault charges. The most basic nonviolent sexual assault is considered fourth-degree assault, a Class A misdemeanor in most circumstances.

This crime is defined as making sexual contact with someone without their consent. The punishment for this crime is up to $2,000 in fines and a year in jail. It is also one of the most common reasons offenders wind up on the Connecticut sex offender registry.

Sexually Violent Crimes

Sexually violent crimes are the next step up and often require mandatory lifetime registration with the Connecticut sex offender registry.

A third-degree sexual assault, for example, involves a firearm and becomes a Class C felony.

Another Class C felony sex crime? Second-degree sexual assault. This involves sexual intercourse where one person is in a position of power over the other.

Think high-profile cases where a teacher became sexually involved with a student, or a therapist wound up in a sexual relationship with a client. These crimes can result in up to ten years in jail and $10,000 in fines, as well as lifetime inclusion on the sex offender registry.

The list goes on and the maximum penalties only increase, but in most cases beyond these examples, besides decades behind bars and tens of thousands owed in fines?

You’re looking at life on Connecticut’s sex offender registry, and that means more than you might think…

You’re More Than Just a Felon After a CT Sex Crime Conviction

You’re a registered offender — depending upon the nature of the conviction, that is. Listen — fines can be paid, and sentences served, but when you are required to register, Connecticut’s sex offender registry can wind up being the most permanent part of your sex crime conviction.

In fact, many offenders are required to remain listed for life. That equates to a loss of privacy that goes unmatched. Your address must be placed online, where anyone can search for it. Your name is listed on public databases, and you are required to disclose your presence to your neighbors.

So let’s talk stigma.

Labeling Theory

As you would imagine, most folks are deeply biased against convicted sex offenders without ever even wanting to know an offender’s side of the story.

According to a 2014 published report covering “Labeling Theory,” the sex offender label prescribed by a registry marks an “individual as criminal, inferior, immoral, and evil” and that they are subsequently “separated from society and stigmatized.”

The study goes on to explain that “stigmatization results in the subsequent transformation of social status to one that is below the rest of society [and] this status change is often permanent and leads to the notion that the deviant subject is an outsider.”

Probably not what you were expecting after your release.

How This Stigma Can Affect Your Life Outside of Prison

It’s an understatement to say it — you’re unlikely to receive a warm reception from anyone who knows your history.

Being on the Connecticut sex offender registry affects where you can live and what jobs you can do. In fact, landlords are well within their rights to refuse housing to you based on your conviction status.

Ultimately, fighting sex crime charges from the start is your best chance of avoiding these consequences. A knowledgeable Connecticut criminal lawyer will help you fight to protest your innocence. Avoiding the harshest of penalties, social and criminal, is always worth the fight.

The question of what is burglary vs. robbery is one that is often asked by the uninitiated. It is easy to confuse the two and different states around the country often have different laws and definitions. Many view robberies as a far more severe crime than burglaries.

While the state of Connecticut maintains different legal definitions for robbery and burglary, on the other hand, the courts typically view them as nearly identical when it comes to sentencing.

This is why knowing the differences between these two crimes is imperative when you have been arrested for either of them.

The Differences Between CT Robbery and Burglary

In the state of Connecticut, the definition of robbery is as follows:

“A person commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:

• Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
• Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.”

So, according to this definition, a robbery occurs when there are victims present and violence or coercion is used against them.

Burglary in the state of Connecticut is defined as:

“Burglary crimes involve entering either a building or a dwelling with intent to commit a crime. A “dwelling” is a building usually occupied by someone lodging there at night. A “building” is broadly defined to include in addition to its ordinary meaning, a watercraft, aircraft, trailer, sleeping car, railroad car, or other structure, vehicle, or building with a valid certificate of occupancy.

No mention of the building or dwelling being occupied at the time the crime is committed. As you can see according to Connecticut law, the primary difference between burglary and robbery? The presence of victims.

All CT Burglaries and Robberies Classified by Degree

Every robbery and burglary is classified under one of the same three levels, first-degree, second-degree, and third-degree crimes.

The penalties for these crimes are exactly the same at all three levels:

• First-degree Robbery and Burglary – Class B Felony
• Second-degree Robbery and Burglary – Class C Felony
• Third-degree Robbery and Burglary – Class D Felony

Only minor differences exist for aspects such as the use of a weapon during the commission of a burglary. The only thing that changes in these instances is an additional mandatory minimum sentencing.

Penalties for These Felony Theft Crimes in Connecticut

The difference between each of the felony classifications lies in the severity of the punishment. As you would imagine, the lower the felony class, the less severe the punishment an offender will face.

An example of this is third-degree robbery vs. second-degree robbery. Third-degree robbery is a robbery without any extra factors attached to it.

The crime of second-degree robbery comes into play if a weapon is brandished or certain other criteria are met. Sentencing for each class is:

• Class B Felony – 1 to 20 years in prison and a fine not to exceed $15,000
• Class C Felony – 1 to 10 years in prison and a fine not to exceed $10,000
• Class D Felony – 1 to 5 years in state prison and a fine not to exceed $5,000

Even though the punishment for robbery and burglary are similar at each level, defense for the two crimes may be different. It is important to consult with an experienced defense attorney who understands each crime and how to construct a proper defense.

Breaking into an empty home is something completely different from holding someone up for their wallet. The right attorney can make that case in a way that could help you escape maximum penalties — and often even conviction at all.

Marijuana is being legalized around the nation, in one form or another. While some states are beginning to legalize marijuana recreationally, Connecticut isn’t there quite yet. The state does, however, permit medical marijuana.

Since this status is supposed to reserve cannabis for legitimate medical use, there are some strict laws surrounding medical marijuana in Connecticut.

These laws can be confusing to laypeople. Understanding these laws will help legitimate users of medical marijuana avoid unnecessary legal trouble with their prescriptions.

The Connecticut Medical Marijuana Program

Q: Who Can Use Marijuana Legally in Connecticut?

To use marijuana legally in the state of Connecticut, you must meet certain qualifications. They include the following:

• Medical marijuana patients in the state must be at least 18 years old.
• They have to legally reside in Connecticut, and may not be in prison.
• They must also be diagnosed with one of a very short list of “debilitating” medical conditions explicitly outlined in Connecticut’s medical marijuana statute.

(Of these conditions, cancer, HIV, multiple sclerosis, epilepsy, and glaucoma appear at the top. Adding new conditions to the list is a lengthy process that requires legal intervention.)

Q: How Can a Connecticut Resident Get a Medical Marijuana Prescription?

In order to get a medical marijuana prescription and permit, Connecticut residents must go through a certification process. This requires a diagnosis by a qualified physician, multiple forms, and receipt of a medical marijuana card.

A patient’s card needs to be renewed annually, and while this is better than keeping medical marijuana usage illegal, the process places many barriers to access for patients who may legitimately need it.

Medical Marijuana Laws in Connecticut

Q: What Happens If I’m Caught in Possession of Marijuana Without a Permit?

Possessing marijuana in Connecticut without a permit is considered a serious crime at the moment. While there is a movement to decriminalize cannabis, these laws have not yet passed.

That leaves medical marijuana users in danger of arrest should they forget to carry their permit card. There are a variety of penalties marijuana users may face if convicted.

Q: What Kind of Penalties Will I Face if Convicted?

The lowest charge is having a small amount (half an ounce) of marijuana on hand for personal use. At this level, the crime is considered a civil penalty and can result in a fine of up to $500 for a second offense.

Misdemeanor Charges and Penalties

Having more than half an ounce, or 14 grams, is considered a misdemeanor punishable by a year in prison and up to $2000 in fines.

Facing a Felony Conviction

The charges of distribution or cultivation of marijuana are much more serious. In fact, they are always felonies.

Having less than a kilogram (2.2 lbs) of marijuana can lead to charges of trafficking or cultivation, penalized by up to 7 years in prison and $25,000 in fines. That’s just for a first offense. A subsequent charge might lead to 15 years and $100,000 in fines.

Mandatory Minimums

Possessing more than a kilogram of cannabis without a medical marijuana card leads to mandatory minimums upon conviction.

A first offense requires a mandatory minimum of 5 years in prison, with a max of 20 years. After that, any subsequent convictions require a mandatory minimum sentence of another decade behind bars.

These charges make possessing marijuana risky, even if you do have a medical marijuana card. It isn’t magic for you, and it doesn’t automatically make your loved ones or roommates safe from charges either.

Marijuana users can also face serious fines, penalties, and jail time if they fail to renew their cards on time. Still, if you are caught in any of these situations, you do have rights. Your first step should always be to find an experienced Connecticut drug crime attorney for guidance.

It’s all too easy to make poor decisions while intoxicated. One bad choice many people still make while drunk is trying to drive. Even people in positions of authority can make bad choices when they’re under the influence.

Recently, one Connecticut state trooper did just that. He was charged with a DUI after hitting another vehicle while driving his unmarked police vehicle off-duty. No one is above the law, after all, and he received multiple other charges as well.

Connecticut’s DUI laws are strict, so while the trooper’s case is ongoing, it appears he is facing some serious penalties. Understanding how Connecticut defines DUIs can help you avoid making the same mistakes.

How Connecticut Law Defines a DUI

DUI stands for “Driving Under the Influence.” Alcohol is most commonly the “influence” that the term refers to, but other drugs also fall under that umbrella.

All it takes to receive a DUI charge for an illegal substance outside of alcohol is testing positive for that substance in any amount.

On the other hand, to be charged with an alcohol-related DUI, your blood alcohol content (BAC) must be tested. If your BAC is above 0.08%, then you’re considered legally intoxicated. That means you’re automatically charged with a DUI.

Implied Consent in Connecticut

You don’t need to consent to a breathalyzer test if you get pulled over. Connecticut has an “implied consent” law for these kinds of tests.

What that means is, if you are driving a car or another vehicle in Connecticut, your consent to these tests is considered to be implied. So if you refuse a test, you’re liable to face penalties like having your driving privileges revoked.

Charges and Penalties for DUIs in Connecticut

The penalties for DUI convictions vary depending on the circumstances. In general, the more convictions for DUIs you have, the stiffer the penalties. They escalate quickly, in order to discourage repeat offenses.

A First-Time DUI Offense

A first offense DUI conviction is a misdemeanor. A conviction can lead to to the following minimum penalties:

• Plan on up to $1,000 in fines and half a year in jail.
• When you can avoid jail, you must do 100 hours of community service instead.
• Your driver’s license will also be suspended for up to 45 days.
• Afterward, you’ll be required to use an ignition interlock device for a year. These devices prevent your car from starting unless your BAC is at legal levels.

Your Second DUI Conviction

A second DUI conviction isn’t a misdemeanor, but a felony if it occurs less than a decade after your first. Count on two years in prison, mandatory community service, and $4,000 in fines.

Furthermore, you’re likely to be ordered to attend an alcohol abuse program. Your license will be suspended again, and the interlock device is mandatory for three years this time around.

A Third DUI Conviction

Your third DUI conviction is punished more severely yet. You might be sentenced to three years in jail, $8,000 in fines, a court-ordered substance abuse program, and community service.

Finally, at this point, your license can be permanently revoked. You can also face having your car impounded or even longer prison sentences if your convictions are close together.

Needless to say, being convicted of a DUI charge can change your life. A single mistake can even lead to you losing your job when you cannot make it to work. If you’ve been charged, finding an experienced Connecticut DUI attorney should be your top priority.

They can work to reduce or dismiss your charges, help you navigate the legal system, and protect your reputation. Don’t let a DUI charge change your life.

An accusation of family violence should never be taken lightly. Even if someone isn’t accused in a criminal court, civil courts can impose plenty of penalties for family violence in Connecticut. These penalties can and will follow a person for life, making regular activities difficult.

Family violence is broader than you might think. Connecticut defines family violence as “an event between family or household members that either causes physical injury or creates fear that physical injury is about to happen.” It’s a serious accusation.

Understanding the potential penalties for a civil lawsuit judgment for family violence is the first step to maintaining your clean record.

Public Court Records in Connecticut

The first permanent result of a family violence accusation is the public court record. Once these cases make it to trial, by law they must be publically available. In Connecticut, there’s a site that allows anyone to look up all court cases in the state, in fact.

That means that your name, the actions of which you’re accused, and any judgments or damages awarded are permanently online. Even if the case was decided in your favor, having one of these cases go to court keeps your name attached to the accusations forever.

Many employers don’t want to hire someone accused of family violence. It’s a black mark on your record for the rest of your life, and could easily appear on a Google search.

Connecticut Protective Orders

If a family member wants to keep you far away from them, they can file for a protective order. Also known as restraining orders, these orders are designed to minimize or prevent contact between you and the filer.

They may require that you only contact them in a non-threatening manner, or they may completely prevent you from contacting them or going near them. They can even lead to you being forced to leave your home.

Furthermore, if you have a protective order against you, you are at risk of violating the order. A conviction for violating the order is a Class D felony, and you can wind up paying $5,000 in fines and spending five years in prison. This is true even if you were unaware of the violation.

Other Civil Suit Penalties in Connecticut

Finally, regardless of any criminal convictions for family violence, you still might face a civil suit. In Connecticut, family members can sue each other for injuries and damages.

If someone is accusing you of domestic violence in a civil case, they are usually accusing you of an “intentional tort.” These are acts that cause harm, and the harm does not need to be intentional.

A good example of an intentional tort would be intending to scare someone, but accidentally hurting them. Someone might accuse you of domestic violence for pretending to hit someone but accidentally making contact. These kinds of cases can lead to incredibly high damages.

If you are ever accused of family violence, you’re in a tight spot. The legal system has started taking these cases extremely seriously over the past decade. Your first step in this scenario should always be to contact an experienced Connecticut defense attorney.

An experienced family lawyer will help you navigate the legal system and avoid unnecessary penalties. Family violence is no joke; take it seriously, and find a lawyer who will help you no matter what.

Being caught in possession of illegal drugs is certainly a crime, but, you can count on being penalized more severely if it’s found you intended to distribute them.

The War on Drugs is the heart of a historic push for high penalties when convicted of selling drugs. It was meant to cut off the supply at its source decades ago, and are still on the law books today.

Connecticut is no different; the War on Drugs affected the laws here, as well. Possession of drugs is uniformly a lesser charge than possession with intent to sell for the same drugs. The difference between the two charges is smaller than you might think.

Connecticut Possession vs. Intent to Sell

In order to be convicted of possession of a controlled substance, it must be proven that the controlled substance was in your control. The prosecutor must also prove that you were aware of the presence of the substance.

Possession doesn’t necessarily mean that you have the substance in your pocket, either. If it’s in your home or vehicle, that is considered under your control and therefore in your possession.

A conviction for possession of narcotics can lead to up to seven years in jail and $50,000 in fines for a first offense.

Possession With Intent to Sell is Harder to Prove

Possession with intent to sell, on the other hand, has two primary conditions. First, this charge requires that you had possession of the substance under the same requirements as a straight possession charge.

Second, and more vaguely, it must be proven that you had the intent to sell. A conviction for intent to sell narcotics can result in a penalty of 15 years in prison and $50,000 in fines for your first offense.

Signs of Intent to Sell Under Connecticut Law

There are a variety of ways that prosecutors might try to prove this condition. Having an excessive amount of a controlled substance is the most likely reason a law enforcement officer might charge you with intent to sell.

Other signs officers look for include whether you possessed packaging, communicated with potential clients, or simply had a lot of money on you.

Defenses Against CT Intent to Sell Charges

Intent to sell is much less clear-cut than possession. That leads to several possibilities when it comes to defending yourself against these charges.

You Weren’t Aware of Possession

The first defense is that you did not have possession of the drugs, or were not aware of them. The legal requirement for a legal conviction is that the likelihood that the crime occurred is beyond a reasonable doubt. If there’s a reasonable doubt, you legally must not be convicted.

Your Possession Was for Personal Use

The next defense is to cast doubt on intent to sell. If there is only a moderate amount of a controlled substance in your possession, you can argue you intended to use all of it yourself. This may reduce penalties to the level of a drug rehabilitation program, instead of decades in jail.

A Connecticut conviction for possession with intent to sell can ruin the rest of your life. With such high penalties, this is a charge that’s worth fighting as hard as you can.

Good representation can be the difference between a conviction of possession or possession with intent. You have the right to make full use of the legal system to defend yourself from these charges.

Technology continues to march forward in every industry, and that includes surveillance. 2020 will see new and interesting developments in how technology is used to keep people and their belongings safe.

New kinds of surveillance should help the police curtail burglary, or at least be a catalyst to more burglary charges in Connecticut.

These new technologies make use of cloud computing and crowdsourcing. In general, the current surveillance trend is to increase the number of cameras and increase connectivity. The more cameras present, the more likely a burglary is to be caught on video, after all.

Doorbell Cameras Store Evidence in the Cloud

The first new technology to help keep track of crime is the doorbell camera. These cameras are made by a variety of companies, but they generally work the same way. They live on the doorframe of the entrance they’re guarding and use motion sensors to watch for people.

When the camera detects movement, it automatically turns on and either takes a picture or records video. The footage is then uploaded to the owner’s account via the internet. Even if the camera is destroyed or turned off, the data should be safe, and whoever tampered with it will be on film.

These doorbell cameras have already helped identify criminals. They can also let absent homeowners call the police on potential burglars by alerting the owners to someone’s presence. It’s not particularly expensive to install these, either, so many homeowners are getting them.

Connecticut residents have found it much easier to press charges when there is visual evidence. This is why we believe these doorbell cameras can and likely will lead to more burglary charges. The evidence they provide can be invaluable to a case by connecting a face to a crime.

Home Security Systems Can Now Be Controlled by App

Good home security systems are getting cheaper every day. Some use doorbell cameras, while others have a whole suite of cameras and sensors. Most store images and videos online for homeowners to review at their leisure.

The big technological advance with home security systems is the ability to integrate everything into an app. A homeowner can control their cameras, their locks, and their alarms from their phone.

This makes it much more difficult for potential burglars to disconnect any surveillance. In turn, that makes it more likely for the owner to be able to press charges.

Drone Surveillance is a New Law Enforcement Patrol Strategy

On a more official level, drones will likely become a part of police surveillance around the country. Boston, in particular, is already considering adding a fleet of 50 drones to their police surveillance strategy.

These drones are intended to follow suspects of drug crimes. Should these efforts prove successful, we believe it’s only a matter of time before the strategy is expanded.

Drones can follow people from an altitude high enough that they aren’t intrusive. They no longer need pilots, but can generally take care of their own flight.

If this drone idea becomes more common, drones could be assigned with a warrant to follow suspects for serial burglary cases, stalking, and more. This could lead to burglary charges if a suspect was accused and the footage of the crime reviewed.

Facial Recognition Software

Beyond hardware, facial recognition software is what makes modern surveillance so effective. Drones use facial recognition to follow the right person. Police can use facial recognition to compare doorbell camera footage with mugshots.

Even public Facebook profile pictures can be run through this software, connecting faces from surveillance with suspects.

Of course, facial recognition software isn’t flawless. Many doorbell camera manufacturers are still working on increasing their resolution. Drones view suspects from hundreds of feet away. The chances of a false positive are still present in 2020. That means that innocent people may get charged with burglary due to faulty software.

Connecticut Burglary Laws and How New Surveillance Tech Fits In

In Connecticut, burglary is a felony. Burglary is defined as entering or staying in a property unlawfully, with the intent to commit a crime. That property doesn’t have to be a building. Step up to someone’s front stoop and steal their Amazon delivery – that counts as burglary.

This crime can be anything from a class D felony to a class B felony, depending on whether a weapon was involved and if anyone was hurt.

• Any burglary found to include a deadly weapon carries a one-year mandatory minimum sentence.
• A burglary that resulted in bodily injury has a five-year mandatory minimum jail term.
• A first-degree burglary conviction can lead to up to 25 years in prison and potential fines of $15,000.

New technology leads to new solutions and new problems. The technological advances in surveillance will catch more burglars, but the tech isn’t perfect.

More charges will be pressed for burglary, but there will be false positives. That means more people will need good representation to help them fight false burglary charges in 2020.

Connecticut recently brought misdemeanors into the limelight with their decision to lower a significant number of drug charges from felonies to misdemeanors.

This is good news for those facing charges for minor crimes, including drug possession. The change significantly increases the number of charges that Connecticut now considers misdemeanor crimes.

The bipartisan effort to pass this new legislation comes behind a larger movement to save Connecticut tax dollars by rethinking how we handle low-level, nonviolent drug offenders.

So how are Connecticut misdemeanors shaking out right now? Let’s take a closer look…

Connecticut Misdemeanors in Five Classes

There are currently five classes of misdemeanor charges here in the state of Connecticut. Fines for various misdemeanor crimes can range from $250 to a couple thousand dollars, and jail time typically tops out at a year.

Misdemeanor crimes are broken out by class, as follows:

• Class D Misdemeanors (least severe penalties)
• Class C Misdemeanors
• Class B Misdemeanors
• Class A Misdemeanors (most severe penalties)
• “Unclassified” Misdemeanors (not linked to a penalty level)

Connecticut’s Lowest-Level Misdemeanor Crimes (Class D)

The least severe misdemeanor in Connecticut is the Class D misdemeanor. This is the first level of criminal penalty according to the state of Connecticut. A Class D misdemeanor may garner up to 30 days in prison and a $250 fine.

Tattooing without a permit and failing to attempt a return of lost property are both examples of Class D misdemeanor charges.

A Class C Misdemeanor Is a Bit More Serious in CT

Class C misdemeanors are the next step up. A conviction can double your fine to $500, and triple your time behind bars. Larceny of the 6th degree (including “petty larceny”) is considered a Class C misdemeanor.

Sometimes a Class C Misdemeanor is Charged as Class B (or Even Class A)

Note, however, that crimes including varying degrees can become a bit more complicated as they can often be charged under several different classes of misdemeanors, depending on the severity (or degree) of the crime.

For instance, larceny can also be a Class B or Class A misdemeanor, or even a felony, depending upon the circumstances surrounding your case.

Class B Misdemeanors in Connecticut Can Cost Quite a Bit

A Class B misdemeanor is the second-most serious level of misdemeanor and can cost you quite a bit in both time and money. Crimes that are classified as Class B can result in up to six months in jail and fines of up to $1,000.

Obscenity, or the promotion of “obscene” materials or performances, are examples of a Class B misdemeanor.

Connecticut’s Most Serious Misdemeanors Class (Class A)

The most serious misdemeanor charge is a Class A misdemeanor. For this level of crime, there is a fine of up to $2,000 and a potential jail sentence of up to a year.

According to the newest Connecticut drug laws, possession of a number of drugs will now be classified as Class A misdemeanors. That includes cannabis, but harder drugs as well.

Aggravating Factors Can Push a Misdemeanor Into a Felony Charge

Many Class A misdemeanors can become aggravated, which elevates them to felonies. For example, persistent offenders can have Class A misdemeanors punished as Class D felonies.

The “Other” Connecticut Misdemeanors (Unclassified)

The final type of misdemeanor in Connecticut are those that are unclassified. These misdemeanors aren’t linked to a penalty level. Instead, punishments are specifically listed in the statute defining the given crime.

Misdemeanors are an important subset of crimes under Connecticut law. The average person is far more likely to end up with a misdemeanor charge than a felony. Understanding how misdemeanors work can help you avoid them.

This understanding can also lead you to get help when you need it. If you’re unsure of where you stand in regards to a misdemeanor, an experienced Connecticut defense attorney can make all the difference.

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.

One of the worst fears for any parent is seeing their child in trouble with the law. Even worse is the idea of your child being incarcerated and placed behind bars.

The terrifying reality is that it does happen. Every year an average of 11,000 children are arrested for juvenile crimes in the state of Connecticut alone.

Another terrifying statistic? Three thousand of them will be found guilty and convicted under the state’s juvenile justice system.

One of the most important things any Connecticut parent can do is understand the juvenile system. Just this bit of education can go a long way in helping guide your child through any consequences he or she may face.

An Overview of the Connecticut Juvenile System

In the state of Connecticut, an individual is classified as a juvenile if they are under 18 years of age. They are subject to the same laws and legislation as any adult would be charged under the same state or federal statutes.

A key difference: juvenile delinquency is usually subject to lesser penalties unless they are transferred to adult court.

The Superior Court for Juvenile Matters

The Superior Court for Juvenile Matters is the facility that holds exclusive jurisdiction over every Connecticut juvenile offender. It is the highest court in the juvenile system in Connecticut. Together, they form a state system level of other juvenile courts and facilities used to address the criminal activities of juvenile offenders.

Juveniles Transferred From the CT Juvenile System

Juveniles aged 15 years or older are transferred to an adult court when charged with a Class A or Class B felony. Additionally, those 15 years and older charged with a Class C, D or other unclassified felonies may be transferred at the discretion of a Juvenile Matters Judge.

In most cases, a judge in an adult court can overturn this decision and return the youths back to a juvenile court. So how does a transfer happen in the first place? It occurs through the juvenile court process.

The Juvenile Court Process in Connecticut

We clarify the statement above because not all types of juvenile cases ever come before a judge. Those that don’t are called non-judicial cases and those that do are deemed judicial.

Non-Judicial Cases

Non-judicial cases are for less severe offenses. Offenders are usually placed under supervision by a juvenile probation officer, instead. The assigned officer can either dismiss the case, place the offender under non-judicial supervision for up to 180 days, or recommend judicial handling.

If the juvenile offender does not satisfy the conditions of his supervision period, the officer and refer the juvenile to a prosecutor to be tried for the original charges.

Judicial Cases

Judicial cases address severe offenses like drug trafficking, firearms, etc. Besides instances where a juvenile probation officer has referred the case, juveniles may also be seen when there is a history of juvenile delinquency or if the juvenile denies the charge.

If the juvenile denies the charges, there are two more parts to the court process:

1. Adjudicatory Hearing: The court finds the defendant juvenile guilty or not guilty.
2. Dispositional Hearing: The court decides on sentencing when the juvenile is found guilty.

Ensuring Justice for Connecticut Juveniles

Being convicted of juvenile delinquency can greatly affect your child for the rest of their lives, stunting a number of future education, employment, housing, and financial opportunities.

That said, juveniles are also an extremely vulnerable segment of the CT population, and they aren’t always fully aware of their rights. This is the primary reason youth advocacy groups like the Connecticut Juvenile Justice Alliance (CTJJA) exist.

You can learn more about your child’s rights by visiting their sites and calling for more information. And should your son or daughter ever face accusations of juvenile crime, be sure to consider a Connecticut attorney who has experience with the juvenile court system.

Not all states have the same penalties for the same crime. Not all states classify crimes in the same way, either. There is one thing that everyone can agree on, though: murder is the most serious crime and always comes with the stiffest penalties.

Taking another person’s life is undoubtedly regarded as more severe than taking their property, trafficking large amounts of drugs, or running a fraudulent company. In particular, not all states classify murder in the same way.

That being said, Connecticut is unique in that it has four different murder crimes that are all considered Class A felonies: murder, felony murder, capital felony murder, and arson murder.

First, a quick peek at what all Class A murder crimes have in common…

What Do All Class a Murders Have in Common in Connecticut?

The shortest answer? Intention.

Manslaughter may take another person’s life, but it is done often with the intention to only harm that person or cause serious bodily harm to a person other than the victim.

In murder cases, prosecutors must prove that the defendant had the intention to commit a felony crime, which may include the murder itself. Defendants may argue that extreme emotional disturbance, rather than the intention to murder, was behind their actions.

So what is the difference in intention among the four types of murder charges we find in Connecticut?

Murder Means You Intended to Cause a Death…and It Happened

Unless special circumstances lead to felony or arson charges, the defendant will be charged with murder.

Connecticut law says “A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception.”

Penalties for murder in Connecticut always include a prison term of 25-60 years.

When Murder Occurs During the Course of Committing a Felony

If murder is not premeditated but occurs during the course of a felony, it may still be considered murder under Connecticut law.

Felony murder is a murder that is committed while the defendant is in the process of committing or fleeing any of the following felony crimes:

• Robbery
• Burglary
• Third-degree sexual assault
• Third-degree sexual assault with a firearm
• First and second-degree escape

Felony murder charges are more severe than murder charges, and may also result in the death sentence or life in prison without parole.

An Arson Murder Charge is Separate From Other Felony Murders

One felony charge gets a separate murder charge in the state of Connecticut: arson. Connecticut law states that arson murder occurs when “acting either alone or with one or more persons, [a person] commits arson and, in the course of such arson, causes the death of a person.”

Penalties for arson murder include life imprisonment without parole.

Murder Occurring With “Special Circumstances” is a Capital Felony

The job position of the victim may influence the charges placed on the defendant. The number of people murdered at one time may also change the charges from murder to a more serious charge: capital felony murder.

This charge may also be referred to as “murder with special circumstances.” Defendants may be charged with capital felony murder if any of the following are true:

• The victim is a police officer, state marshal, conservation officer, Department of Correction employee, or firefighter
• The defendant was hired to commit the murder
• The offender has a previous murder conviction (or is serving a life sentence at the time)
• The murder is committed during a sexual assault or kidnapping
• Two or more people were murdered during the course of the crime
• The victim was under 16 years of age

A person convicted of capital felony murder may be sentenced to death or life imprisonment without the chance of parole.

Defense Strategies for Violent Crimes in Connecticut

Murder charges are clearly very serious offenses. But that doesn’t mean that an arrest or a charge is a life sentence. Every person is innocent until proven guilty. And there are ways to prove that you are not guilty.

Possible defense strategies for violent crimes include:

• Self-defense or defense of a third person
• Defense of property or premises
• Mistake of fact
• Mental state, such as extreme emotional disturbance

Not all of these defenses will result in dropped charges, but it may help to reduce the charges and penalties against you. Reach out to a Connecticut criminal defense lawyer immediately if you have been accused or charged with murder or related violent crimes.

Holidays always involve lots of time with family and friends, sometimes lots of alcohol, and often lots of stress…and most of the time, all goes fine!

Still, there are situations when stress and alcohol consumption cause even the best of friends or closest of family members to fight.

If you’ve been there before, then you know for sure, there’s nothing worse than a holiday that is supposed to be filled with joy and good cheer end with assault charges against friends or family. Take one Connecticut man who recently pled guilty to one count of second-degree assault.

Brookfield Man Trades Violent Criminal Charges for Lesser Assault

In order to avoid multiple charges including first-degree strangulation, first-degree assault, and resisting arrest, the Brookfield local accepted the single second-degree assault charge.

Since he had prior assault convictions, he knew that he would face more severe penalties, based on Connecticut laws regarding the priors on his record.

So, what is covered under Connecticut assault law, anyway?

Three Levels of Assualt (and Aggravating Factors) in Connecticut

According to Connecticut law, there are three levels of assault: third-, second-, and first-degree assault. Two of them can result in felony charges, and there are a number of aggravating factors that can elevate an assault crime.

Assault in the Third Degree

Third-degree assault is the least severe of the potential charges. A third-degree assault charge is considered a Class A misdemeanor. This carries up to a $2000 fine and a year in prison. Involving a firearm raises the penalty to a year minimum, rather than maximum.

Events that can result in a charge of third-degree assault include:

• Negligently causing injury with a weapon,
• Recklessly causing serious injury, and
• Intentionally causing injury.

Injuring someone whether accidentally or intentionally with a knife or gun, without a weapon but in a particularly severe way, or regardless of weapon but intentionally causing bodily harm can all result in a third-degree assault charge.

Assault in the Second Degree

A second-degree assault charge is the next step up. It is a class D felony. The penalties include fines up to $5,000 and a prison sentence of one to five years.

A second-degree assault charge involves intending to hurt someone badly, but not necessarily permanently. They often stem from:

• Causing serious harm with intent,
• Drugging someone, or
• Harming someone purposefully with a deadly weapon other than a firearm.

You could have received a second-degree assault charge this holiday season for hitting someone with anything other than your fists, or for causing serious injury when you hit them.

Assault in the First Degree

A first-degree assault charge is the most serious assault level. It is a Class B felony, with the potential for a $15,000 fine and 20 years in prison, along with a five-year minimum sentence.

You will be charged with first-degree assault for:

• Causing harm with a firearm,
• Intending to cause physical harm with multiple participants,
• Intending to permanently disfigure, destroy, or amputate,
• Recklessly acting so that death may result, but only physical harm occurs instead.

The key here is acting in a way that results in permanent harm. Shooting at someone or acting in a way that could potentially kill someone can result in first-degree assault charges in Connecticut. Avoiding a charge in this circumstance is very hard unless you have good representation.

Aggravated Assault Charges

Assault charges are sometimes considered “aggravated” depending on who the assault was against. Assaulting pregnant women, disabled people, law enforcement officials and employees of the Department of Corrections all result in an “aggravated” assault charge, which makes higher penalties likely.

The holidays may have been stressful this year. If you let it get to you, you might have received an assault charge for Christmas. If that’s the case, turn to an experienced criminal defense attorney for advice. It could mean the difference between spending your New Year behind bars.