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C.G.S. § 53a-60b – Assault in the Second Degree on a Pregnant, Elderly, or Disabled Person

Definition

Under Connecticut General Statutes § 53a-60b, a person is guilty of Assault in the Second Degree when they intentionally cause serious physical injury to someone they know or reasonably should know is pregnant, elderly (60+), or physically/mentally disabled. The statute reflects Connecticut’s heightened protection for vulnerable individuals.

Elements the State Must Prove
  1. The defendant caused a serious physical injury to the victim;
  2. The defendant knew or reasonably should have known the victim was pregnant, elderly, or disabled;
  3. The conduct was intentional.
Penalties
  • Class D felony
  • Mandatory minimum: 1 year of incarceration (not suspendable)
  • Maximum: up to 5 years in prison
  • Fine up to $5,000
  • Possible probation (in addition to the mandatory minimum)
  • Permanent felony record impacting employment, housing, immigration, and firearm rights
  • Family-violence track & protective orders commonly apply when the incident involves household/family members
Common Scenarios
  • Domestic argument where a pregnant partner sustains a serious injury
  • Elder abuse during a family dispute leading to fractures or head trauma
  • Caregiver assault on a person with significant mobility or cognitive limitations
  • Public altercation involving a shove or strike that causes serious injury to a 60+ victim
Examples
  • Apartment argument involving pregnancy: During a dispute, a man shoves his pregnant partner into a counter causing a fractured rib; charges filed under § 53a-60b with DV protective orders.
  • Parking-lot shove of an older adult: A 66-year-old is pushed to the ground and suffers a hip fracture; § 53a-60b plus potential Breach of Peace/Disorderly Conduct.
  • Caregiver assault on a disabled client: A group-home staffer slaps a resident with mobility limitations, causing an orbital fracture; charged under § 53a-60b with licensing fallout.
  • Bar scuffle where pregnancy wasn’t known: Later-revealed 10-week pregnancy + serious injury, but if the accused couldn’t reasonably know, prosecutors may file § 53a-60 instead.
  • Street altercation with an elderly stranger: A 72-year-old suffers facial fractures after being punched; § 53a-60b is likely, with potential Threatening if there were prior threats.
Related OffensesDefense & Resolution Strategies

At Allan F. Friedman Criminal Lawyer, we attack weaknesses in the State’s case and pursue resolutions that protect your future.

  • Lack of intent / accident: Evidence the injury was not intentional.
  • Knowledge of protected status: Did you actually know—or should you reasonably have known—the person was pregnant, elderly, or disabled?
  • “Serious physical injury” challenge: Medical proof may not meet the statute’s high threshold.
  • Self-defense / defense of others: Where supported by facts.
  • Accelerated Rehabilitation (AR): For eligible first-time offenders in appropriate cases; discretionary and fact-sensitive.
  • Family Violence Education Program (FVEP): In DV-track cases with eligible defendants and suitable facts, FVEP can divert the case toward dismissal after successful completion.
  • Negotiated charge reductions: To non-felony or non-DV alternatives where possible.
  • Protective-order advocacy: Tailoring orders to avoid unnecessary hardship while ensuring compliance.
Frequently Asked Questions (FAQ)
1) What is a “serious physical injury”?
An injury creating a substantial risk of death, serious disfigurement, or long-term loss/impairment of health or bodily function.
2) If the victim wasn’t visibly pregnant, can § 53a-60b still apply?
Yes, if the State proves you knew or reasonably should have known the person was pregnant.
3) Who counts as “disabled”?
Individuals with significant physical or mental impairments that substantially limit one or more major life activities.
4) Is jail mandatory?
Yes. A 1-year mandatory minimum applies and cannot be suspended.
5) Can I get AR on a § 53a-60b charge?
Sometimes. Eligibility depends on your history, the facts, victim input, and judicial discretion.
6) What about FVEP?
If the case is on the family-violence docket and you’re eligible, the Family Violence Education Program can sometimes resolve the case without a conviction upon completion.
7) How is this different from regular § 53a-60?
§ 53a-60b applies to protected classes (pregnant, elderly, disabled) and includes a mandatory prison term.
8) Can self-defense win these cases?
Yes—when evidence supports that you reasonably used force to protect yourself or others.
9) Will a conviction affect firearms rights?
Yes. A felony conviction bars firearm possession under state and federal law.
10) What should I do right now?
Do not give statements. Preserve evidence (messages, videos, witnesses) and call a defense lawyer immediately.

Call to Action

Facing a § 53a-60b charge is serious. Get experienced help now.
Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 or fill out the contact form for a free, confidential consultation. We defend clients throughout Connecticut.


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