C.G.S. § 53a-60a — Assault in the Second Degree with a Firearm

Definition

A person commits Assault in the Second Degree with a Firearm when they commit Assault in the Second Degree (C.G.S. § 53a-60) and, during that offense, use a firearm, or are armed with and threaten the use of a firearm, or display or represent that they possess a firearm. “Firearm” includes pistols, revolvers, rifles, shotguns, and similar weapons.

Elements the State Must Prove

1. The defendant committed Assault in the Second Degree under § 53a-60 (e.g., intentionally causing serious physical injury; intentionally causing physical injury by a deadly weapon/dangerous instrument; or other qualifying subsection), and
2. In the course of that assault, the defendant used, threatened the use of, displayed, or represented that they had a firearm.

Penalties

• Class D felony
• Mandatory minimum: 1 year of incarceration (not suspendable or reducible)
• Maximum: up to 5 years in prison
• Fine: up to $5,000
• Probation possible in addition to the mandatory minimum
• Protective orders and firearm surrender commonly imposed in family-violence cases

Common Scenarios

• A fight where a handgun is brandished during the assault.
• An assailant lifts clothing to reveal a firearm while striking or threatening the victim.
• No gun recovered, but the assailant states or gestures that they have a firearm during the assault.

Examples

• “Showed the gun” during a punch: In a bar dispute, the accused punches someone and lifts a jacket to reveal a pistol, saying “Don’t make me use this.”
• “I’ve got one right here”: During a domestic argument, the accused reaches toward a pocket and says they have a gun while threatening and causing injury. Even if no weapon is later found, the representation can satisfy the firearm element.

Related Offenses

• § 53a-60 — Assault in the Second Degree (no firearm element)
• § 53a-60b — Assault 2nd on a pregnant, elderly, or disabled person
• § 53a-60c — Assault 2nd with a Firearm on a protected person (enhanced mandatory minimum)
• § 53a-61 — Assault in the Third Degree
• § 53a-62 — Threatening in the Second Degree
• § 53a-181 — Breach of Peace in the Second Degree

Defense & Resolution StrategiesFactual challenges

• Firearm element: No weapon recovered; alleged “display” or “representation” based only on ambiguous movement or words.
• Assault 2nd predicate: Injury classification disputed (not “serious physical injury”); facts do not match a qualifying § 53a-60 subsection.
• Self-defense/defense of others: Proportional force; display without unlawful use.
• Suppression issues: Illegal stop/search/seizure; inconsistencies between bodycam/dashcam and written reports.

Negotiation pathways

• Amend to § 53a-60 (non-firearm count) or § 53a-61 where appropriate to eliminate the 1-year mandatory exposure.
• Protective order advocacy to minimize hardship while ensuring compliance.

Diversionary options (case-dependent)

• Accelerated Rehabilitation (AR): Discretionary and fact-sensitive. Firearm felonies face a high bar, but outcomes may improve if the case is amended to an eligible non-firearm count.
• Family Violence Education Program (FVEP): Available only on the family-violence docket (household/family member). Admission is discretionary; completion can lead to dismissal in appropriate cases, sometimes after charge adjustment.

FAQsCall to Action

Facing § 53a-60a is serious because of the built-in one-year mandatory minimum. We move fast to test the firearm allegation, challenge the § 53a-60 predicate, preserve video and medical evidence, and press for non-firearm resolutions or diversion where possible.

Call (203) 357-5555 or use our online contact form for a free, confidential consultation. We defend clients across Connecticut and fight to protect your record, your rights, and your future.

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