Connecticut General Statutes § 53a-60c - Assault of an Elderly, Blind, Disabled, or Pregnant Person, or a Person With Intellectual Disability in the Second Degree With a Firearm

Overview (Plain English)

This statute makes it a separate felony to commit Assault in the Second Degree with a Firearm when the victim is:

• 60 years or older, or
• Blind, or physically disabled, or
• Pregnant, or
• A person with an intellectual disability (and the accused is not).

It increases punishment because of the victim’s protected status and because a firearm was used or displayed.

Who Can Be Charged

Police and prosecutors commonly use § 53a-60c when they believe:

• The underlying conduct amounts to Assault 2nd with a firearm; and
• The complainant fits one of the protected categories above.

You may see § 53a-60 (Assault 2nd), § 53a-60a (Assault 2nd with a Firearm), and § 53a-60c charged together. Ultimately, you cannot be convicted of all for the same act; the State often pleads them in the alternative.

What the Prosecutor Must Prove (Elements)

To convict, the State must prove beyond a reasonable doubt that:

1. You committed Assault in the Second Degree with a Firearm (i.e., conduct that would be Assault 2nd, and you used, displayed, or represented a firearm), and
2. The victim was 60+, blind, physically disabled, pregnant, or a person with an intellectual disability.

Penalties

• Class D felony.
• Mandatory minimum: 3 years of incarceration that cannot be suspended or reduced.
• Maximum exposure: Up to 5 years in prison, a fine (typically up to $5,000), and/or probation.
• Court may also impose protective orders, firearm restrictions, and other special conditions.

Court Process & What to Expect

• Arraignment & Protective Order: Expect a full/no/limited contact order at the first court date if the parties know each other.
• Bond/Bail: The firearm and protected-victim elements often increase bond.
• Discovery: Body-worn camera, 911 audio, medical records, photos, and any firearm-related evidence (or lack of it).
• Negotiations/Motions: We focus on the firearm element, the protected-status proof, and any self-defense or identification issues.

Common Police Fact Patterns

• A neighbor or family dispute where a gun is brandished and the complainant is 60+.
• Parking-lot confrontation where a firearm is displayed toward a pregnant person.
• Inside a residence with a physically disabled or blind complainant and allegations a gun was shown or used to threaten.
• Incidents involving a person with an intellectual disability where the State claims the firearm escalated the risk of serious injury.

Defenses We Often Use

• No firearm element: No actual use, display, or “representation” of a firearm; object not a firearm; inconsistent descriptions; no recovery.
• Protected status not proven: Insufficient, unreliable, or inadmissible proof of age, pregnancy, disability, or intellectual disability.
• Identity/credibility issues: Conflicting witness accounts, poor lighting, alcohol involvement, or motive to fabricate.
• Self-defense/defense of others: Reasonable belief, proportional response, and withdrawal/de-escalation where supported.
• Charging overlap: Move to dismiss duplicative counts or improper stacking.

Collateral Consequences

• Firearm disabilities and potential protective order violations if contact occurs.
• Immigration risks for non-citizens (crimes of violence/firearm offenses can be severe).
• Employment & licensing problems, especially for caregiving, education, healthcare, and security roles.
• Housing and background checks complications due to a felony record.

Related Offenses

• § 53a-60 – Assault in the Second Degree (no firearm enhancement).
• § 53a-60a – Assault in the Second Degree with a Firearm (base firearm offense).
• § 53a-60b – Assault 2nd against elderly/disabled/pregnant/intellectual disability (non-firearm variants).
• § 53a-61 – Assault in the Third Degree (misdemeanor level).

Frequently Asked Questions 1) Is Jail Mandatory on a § 53a-60c Conviction?

Yes. The statute carries a mandatory minimum 3 years that cannot be suspended, even for first-time offenders.

2) Do I Have to Fire the Gun for This to Apply?

No. Use, display, or representation of a firearm tied to the assault conduct can satisfy the firearm element.

3) What if the “Gun” Wasn’t Real?

If the State cannot prove it was a firearm as defined by law (or that you represented one in the manner required), the § 53a-60c count can fail.

4) How Does the State Prove the Victim Is in a Protected Class?

Typically through age documentation, medical records/testimony (pregnancy, disability), or qualified witness testimony regarding intellectual disability.

5) Can I Claim Self-Defense?

Yes, when supported by the facts: reasonable belief of imminent unlawful force and proportional response. The firearm aspect will be scrutinized closely.

6) Can I Be Convicted of Both § 53a-60a and § 53a-60c?

They are often charged together, but for the same act you should not be punished twice; courts address duplication at verdict/sentencing.

7) Will a Protective Order Be Issued?

Often, yes—especially if parties are acquainted. Violating it can lead to new felony charges.

8) I Never Pointed a Gun—Just Had One in a Holster. Is That Enough?

Not necessarily. The State still must prove the assault 2nd conduct and the firearm’s use/display/representation in connection with it.

9) What if There’s No Gun Recovered?

Lack of recovery helps the defense. The State may rely on witnesses, but credibility issues can be decisive.

10) I’m Not a U.S. Citizen—What Should I Do?

Get counsel immediately. Firearm felonies can have severe immigration consequences; tailored plea strategies may mitigate risks.

How We Can Help

The mandatory three-year non-suspendble term makes § 53a-60c a high-stakes charge. We focus on dismantling the firearm element, disputing protected-status proof, asserting self-defense where appropriate, and attacking credibility gaps early—before plea positions harden.

If your facing an assault or firearms charge, visit our Criminal Defense page to learn more about how we can protect your rights.

Call Attorney Allan F. Friedman at (203) 357-5555 for a confidential consultation and a defense plan tailored to your case or use our online contact page.

---