Same name, different sentence
What is a unclassified misdemeanor?
A unclassified misdemeanor is one of the grades states use to rank misdemeanors by how serious they are. 5 states use the name, and each sets its own jail range and fine for it. Here is each one, from the state's own law.
Last checked October 29, 2026. General information, not legal advice.
| State | Jail | Fine | The law |
|---|---|---|---|
| Arkansas | As set by the law that defines the offenseFirst, second and third DWI offenses are unclassified misdemeanors. | As set by the law that defines the offense | Ark. Code § 5-4-401(b)(4); § 5-4-201(b)(4)1 |
| Connecticut | As set by the law that defines the crime | As set by the law that defines the crime | Conn. Gen. Stat. §§ 53a-36(5), 53a-42(5)2 |
| Delaware | As set by the law that defines the offense. If it sets none, up to 30 days. | As set by the law that defines the offense. If it sets none, up to $575. | 11 Del. C. § 4206(c)3 |
| New York | As set by the law that defines the crime, but never more than 364 daysAn offense outside the Penal Law that is called a misdemeanor but has no class or sentence counts as a Class A misdemeanor. One that sets its own jail term of more than 15 days and up to 1 year is an unclassified misdemeanor (Penal Law § 55.10). | As set by the law that defines the crime | N.Y. Penal Law §§ 70.15(3), 80.05(3)4 |
| Oregon | Set by the law for that crimeA crime defined outside the criminal code with a misdemeanor-level sentence is unclassified. | Set by the law for that crime | ORS 161.555, 161.615(4)5 |
Why the same name means different things
Each state writes its own criminal code. The letters, numbers and degrees only rank crimes within that state, so a unclassified misdemeanor in one state can carry a very different sentence from one next door. A specific crime can also set its own range, and past convictions can raise it. For how a state grades a particular crime, see Is it a felony?
Other misdemeanor grades
Sources
Each source was opened and checked on October 29, 2026.