C.G.S. § 53a-100aa — Home Invasion (Class A Felony)

Overview

Home invasion is one of Connecticut’s most serious felonies. A conviction carries a mandatory, nonsuspendable 10-year prison term and exposure up to 25 years plus heavy fines. Unlike ordinary burglary, home invasion requires that someone other than the offender be actually present in the dwelling and that the offender is armed or commits/attempts a felony against a person inside.

Elements the State Must Prove

To convict under § 53a-100aa, the prosecution must prove, beyond a reasonable doubt, that:

1. Entry/Remaining Unlawfully: You entered or remained unlawfully in a dwelling;
2. Someone Present: A person other than a participant was actually present in the dwelling;
3. Intent to Commit a Crime Inside: You did so with intent to commit a crime in the dwelling; and
4. Aggravating Factor (one of):
   • Felony against a person: Acting alone or with others, you or a participant committed or attempted to commit a felony against a person who was present; or
   • Armed: You were armed with explosives, a deadly weapon, or a dangerous instrument.

“In the course of committing” includes attempts and flight immediately after the attempt or commission.

Penalties

• Class A felony
• Prison: Up to 25 years; minimum 10 years that may not be suspended or reduced
• Fines: Up to $20,000
• Post-conviction: Lengthy probation, strict no-contact orders, and collateral consequences (employment, housing, immigration) are common.

Why Connecticut’s Law Is So Strict (Post-Cheshire Home Invasions)

In the wake of the widely publicized Cheshire home invasions in 2007, Connecticut overhauled its burglary statutes and created the home invasion offense to address the unique danger posed when offenders enter an occupied dwelling. The legislature intentionally:

• Separated home invasion from ordinary burglary to treat it as a person-crime when residents are home;
• Imposed a nonsuspendable 10-year minimum to remove sentencing discretion for the most serious scenarios; and
• Focused on occupant safety, adding aggravators for being armed or committing/attempting a felony against a person inside.
  This history explains the aggressive charging, higher bail, and stringent protective orders common in these cases.

Common Fact Patterns

• Entering a home where someone is present and being armed (e.g., knife, bat, firearm).
• An assault, sexual assault, or robbery occurs (or is attempted) inside after unlawful entry.
• A break-in turns confrontational when an occupant surprises the intruder.

Defense Strategies

Every case is fact-specific, but frequent lines of defense include:

• No unlawful entry/remain: Consent to enter, or a good-faith claim of right.
• No one actually present: If the dwelling was unoccupied, home invasion doesn’t apply.
• No criminal intent inside: Lack of intent to commit any crime once inside.
• No aggravator: Not armed and no felony against a person was committed or attempted.
• Identity/proof issues: Weak or inconsistent eyewitness accounts; challenge to forensic ties.
• Illegal search/seizure: Suppression of weapons or statements obtained unlawfully.
• Charge reduction: Negotiating down to burglary charges that do not carry a 10-year mandatory minimum.

Programs & Alternatives

• Not eligible for Accelerated Rehabilitation (AR) or other diversionary programs due to the Class A felony classification and mandatory minimum. Realistic resolutions focus on dismissal, trial defense, or plea to lesser, non-mandatory counts (e.g., certain burglary offenses).

Evidence the State Uses

• Occupant and neighbor testimony, 911 calls, body-cam/dash-cam.
• Forensics (fingerprints/DNA), tool-mark evidence, recovered weapons.
• Digital location data, text messages indicating planning or intent.

Related Offenses

• § 53a-101 — Burglary in the First Degree
• § 53a-102 — Burglary in the Second Degree
• § 53a-103 — Burglary in the Third Degree
• § 53a-59 / 53a-59a — Assault in the First Degree / with a Firearm
• § 53a-134 — Robbery in the First Degree

Frequently Asked QuestionsIs Home Invasion the Same As Burglary?

No. Home invasion adds the requirements that someone is present and that you were armed or committed/attempted a felony against a person inside.

Does the Door Have to Be Forced?

No. The statute does not require forced entry. The issue is unlawful entry or remaining.

What if I Only Intended to Steal (A Misdemeanor) and Wasn’t Armed?

Without being armed, the State must prove you committed or attempted a felony against a person inside. Mere intent to commit a non-violent misdemeanor typically does not satisfy § 53a-100aa.

What if No One Was Home?

If no non-participant was actually present, home invasion does not apply (though burglary might).

Is There Really a 10-Year Mandatory Minimum?

Yes. The court cannot suspend or reduce the first 10 years of the sentence.

Can This Be a Domestic-Violence Case?

If the occupant is a family or household member, the case may be treated as family-violence for protective-order purposes, but home invasion remains a Part A-level serious felony with the same penalties.

Can I Get AR or Another Diversion?

No. Class A felonies with mandatory minimums are not eligible. Defense focuses on contesting elements or reducing to lesser charges.

What Should I Do if I’m Being Investigated?

Do not speak to police without counsel. Early intervention helps preserve evidence and pursue reductions before charges are locked in.

Call Attorney Allan F. Friedman

A home invasion charge is life-changing. The earlier you bring in experienced counsel, the more options you have to challenge the case or negotiate away the 10-year mandatory minimum.
Call (203) 357-5555 for a confidential consultation or use our online contact form.

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