C.G.S. § 53a-61a – Assault of an Elderly, Blind, Disabled, or Pregnant Person, or a Person With Intellectual Disability (Third Degree)

Understanding Assault on a Protected Person in Connecticut

Assault under § 53a-61a is treated very differently from a routine misdemeanor. A conviction carries a mandatory one-year jail sentence that cannot be suspended or reduced, even if you have never been arrested before. The reason is simple: the law gives special protection to certain groups — people over 60, those who are blind or physically disabled, women who are pregnant, and people with intellectual disabilities.

These cases often begin with a 911 call after a heated argument or minor scuffle, but they can escalate fast once police learn that the complainant fits a protected category. My job is to step in immediately, test the evidence, and work to steer the case toward a dismissal or diversion before it ever reaches the sentencing stage.

Elements of the Crime

To convict someone of Assault of a Protected Person in the Third Degree, the State must prove each of the following beyond a reasonable doubt:

• An underlying third-degree assault occurred.
  • You intentionally caused physical injury to another person; or
  • You acted recklessly and caused serious physical injury; or
  • You acted with criminal negligence and caused physical injury by means of a deadly weapon, dangerous instrument, or electronic defense weapon.
• The alleged victim was a protected person, meaning that he or she was at least 60 years old, blind, physically disabled, pregnant, or a person with an intellectual disability (and you are not).

Although prosecutors sometimes charge both § 53a-61 and § 53a-61a, the law does not allow convictions for both arising from the same act.

Penalties

A violation of § 53a-61a is a Class A misdemeanor.

• Mandatory minimum: one year in jail (cannot be suspended or reduced)
• Maximum: one year incarceration, plus fines, probation, and a potential criminal protective order

Because jail time is mandatory upon conviction, these cases require early strategic action to avoid that outcome.

Defense Strategies

Every case turns on its specific facts, but the defenses we most often use include:

• Lack of proof of protected status. The State must offer admissible proof of age, pregnancy, disability, or intellectual disability.
• No qualifying assault. If there was no intent, no recklessness, or no verifiable physical injury, the core element fails.
• Credibility problems. We compare body-camera footage, 911 audio, and medical records for inconsistencies or exaggerations.
• Self-defense or defense of others. Connecticut law allows reasonable, proportional force to protect yourself or another.
• Double-counting prevention. We ensure you are not convicted under both § 53a-61 and § 53a-61a for one incident.

Programs and Alternatives

The one-year mandatory term applies only if you are convicted. Avoiding conviction is the entire focus of our defense plan.

Accelerated Rehabilitation (AR)

First-time offenders can apply for AR. If the judge grants it, the case is sealed while you complete conditions such as counseling or community service. When you finish successfully, the charge is dismissed and erased.

Family Violence Education Program (FVEP)

If the case is marked as family violence, you may be eligible for FVEP. This structured program combines classes and supervision; completion also leads to a dismissal. Protected-person cases require extra preparation and mitigation to secure entry.

Common Real-World Scenarios

• A disagreement at home where a 60-year-old parent reports pain after being pushed.
• A domestic dispute involving a pregnant partner.
• A confrontation in a nursing home or group-home setting with a disabled or blind resident.

Even minimal physical contact can trigger a § 53a-61a arrest if the complainant falls within a protected class.

Related Offenses

• § 53a-61 – Assault in the Third Degree
• § 53a-60b – Assault in the Second Degree of a Protected Person (felony)
• § 53a-60c – Assault in the Second Degree with a Firearm (felony; higher mandatory minimum)

Frequently Asked QuestionsIs Jail Really Mandatory If I’m Convicted?

Yes. The statute requires a one-year term that cannot be suspended or reduced.

Can I Avoid Jail Through a Diversion Program?

Yes. If you’re granted and complete AR or FVEP, your case is dismissed and no conviction enters.

Does the AR Program Seal My Case Immediately?

Once the court grants AR, the file is sealed while you complete the program, though the case remains pending until dismissal.

What if the Injury Was Minor?

Even pain alone can satisfy the definition of “physical injury.” We often win by showing the State failed to prove injury beyond a reasonable doubt.

Can I Claim Self-Defense?

If you reasonably believed force was necessary and used only what was proportional, yes.

Will a Dismissed Case Show Up on a Background Check?

After dismissal and erasure, it generally will not appear on standard background checks.

Call Attorney Allan F. Friedman

A charge under § 53a-61a carries a mandatory jail term and serious long-term consequences. The sooner you act, the more options you have. Call Attorney Allan F. Friedman at (203) 357-5555 or use our online contact form for a confidential consultation and a strategy tailored to your situation.

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