Connecticut General Statutes § 53a-134 – Robbery in the First Degree

What the Law Says

Under Connecticut General Statutes (C.G.S.) § 53a-134, a person is guilty of Robbery in the First Degree when, in the course of committing a robbery (as defined in § 53a-133), they or another participant:

1. Cause serious physical injury to a non-participant, or
2. Are armed with a deadly weapon, or
3. Use or threaten the use of a dangerous instrument, or
4. Display or threaten the use of a firearm, whether it is operable or not.

Robbery means using or threatening force during a theft. What makes it First Degree is the presence of a weapon, firearm, dangerous instrument, or serious injury.

Classification and Penalties

Robbery in the First Degree is a Class B felony.

If convicted, penalties include:

• 5-year mandatory minimum prison sentence (cannot be suspended or reduced)
• Up to 20 years in prison
• Fines up to $15,000
• Probation with strict conditions
• A permanent felony record, impacting jobs, housing, and immigration

Example Scenarios Example 1: Armed Convenience Store Robbery

A man robs a convenience store while pointing a handgun at the clerk. Even if the gun was unloaded, it qualifies as Robbery in the First Degree.

Example 2: Purse Snatching with a Knife

A thief threatens a woman with a knife while taking her purse. The knife elevates the offense to First Degree Robbery.

Example 3: Serious Injury During Robbery

During a mugging, the victim suffers a broken jaw. The injury makes it First Degree Robbery under § 53a-134.

Example 4: Carjacking with a Bat

An offender uses a baseball bat to force a driver out of their car. The bat counts as a dangerous instrument, qualifying as First Degree Robbery.

Related Offenses

• C.G.S. § 53a-133 – Robbery (general definition)
• C.G.S. § 53a-135 – Robbery in the Second Degree (Class C felony, no mandatory minimum)
• C.G.S. § 53a-136 – Robbery in the Third Degree (Class D felony)
• C.G.S. § 53a-59 – Assault in the First Degree (if serious injury charged separately)
• C.G.S. § 29-35 – Carrying a Pistol without a Permit (common add-on charge)

Defending Against § 53a-134 Charges

Defenses may include:

• Mistaken identity: Eyewitnesses are often unreliable.
• Weapon disputes: Was the item really a firearm or dangerous instrument?
• Injury disputes: Did the victim suffer “serious physical injury” as defined by law?
• Suppression motions: Excluding illegally obtained evidence.
• Negotiation: Reducing to Second Degree Robbery to avoid the 5-year minimum.

Frequently Asked Questions About § 53a-134 Is Robbery in the First Degree Always a Felony?

Yes. It is a Class B felony with a 5-year mandatory minimum prison sentence.

Do I Need to Fire the Gun to Be Charged?

No. Displaying or threatening to use a firearm, even if unloaded or inoperable, is enough.

What Counts as “Serious Physical Injury”?

An injury that creates a substantial risk of death, causes serious disfigurement, or long-term impairment of health or function. Examples: broken bones, concussions, internal injuries.

Can I Be Charged if the Gun Was Fake?

Yes. Courts treat the display of an object represented as a firearm the same way, because the victim reasonably believed it was real.

What’s the Difference Between First and Second Degree Robbery?

First Degree involves a deadly weapon, firearm, dangerous instrument, or serious injury. Second Degree usually involves multiple participants, threats, or a representation of being armed but without a firearm or injury.

Is There a Diversionary Program Available?

No. Serious violent felonies like First Degree Robbery are not eligible for Accelerated Rehabilitation or other diversionary programs.

Can a Juvenile Be Charged With This Offense?

Yes. Juveniles can be charged, but the case may be transferred from juvenile court to adult court depending on the facts.

Can Probation Be Given Instead of Jail?

Not without serving the mandatory 5-year minimum. Only a judge has discretion to suspend that sentence if there are mitigating circumstances.

Can the Charge Be Reduced?

Yes. A skilled lawyer may negotiate a reduction to Second Degree Robbery, which is a Class C felony without a mandatory minimum.

Will I losE My Gun Rights if Convicted?

Yes. A felony conviction results in permanent loss of firearm rights under both Connecticut and federal law.

Take the Next Step

A charge of Robbery in the First Degree (C.G.S. § 53a-134) is one of the most serious offenses in Connecticut. With a 5-year mandatory minimum sentence, you need experienced defense immediately.

📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or contact me through my contact page for a confidential consultation.

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