Aggravated sexual assault in the first degree is one of the most serious sex crimes in Connecticut. The charge is built on sexual assault in the first degree (§ 53a-70) with added aggravating factors such as the use or display of a deadly weapon, causing extreme injury, acting with extreme indifference to human life, or committing the assault while aided by two or more people who are actually present.
You cannot be convicted of both § 53a-70 and § 53a-70a for the same incident (the state may charge both in the alternative). Mandatory minimum prison terms and sex-offender registration apply if you are convicted.
Elements of the Crime Which Must Be Proven by the StateTo convict you of aggravated sexual assault in the first degree under § 53a-70a, the State must prove, beyond a reasonable doubt, that:
Every case turns on its facts. Common defense themes include:
Given the severe mandatory time, early intervention by an experienced defense lawyer is critical.
Frequently Asked Questions About § 53a-70a1) What Makes an Assault “Aggravated” Under § 53a-70a?The State must first prove sexual assault in the first degree (§ 53a-70) and then show an added factor like a deadly weapon, permanent maiming, extreme indifference causing serious physical injury, or that two or more accomplices were actually present during the assault.
2) Can the State Convict Me of Both § 53a-70 and § 53a-70a for the Same Incident?No. The State can charge both in the alternative, but you cannot be convicted of both for the same act. If § 53a-70a is proven, it subsumes the § 53a-70 count.
3) What Does “Actually Present” Mean for The Aided-By-Others Aggravator?It means the additional participants are present at the scene in a way that contributes to the coercive environment. They don’t need to physically touch the complainant, but their presence must be part of the assault circumstances.
4) Do I Have to Display a Real Weapon to Trigger the Weapon Aggravator?Not necessarily. Displaying or representing that you have a deadly weapon can satisfy the aggravator, even if the weapon is not later recovered.
5) What Counts as “Serious Physical Injury”?In general, injuries that create a substantial risk of death, cause serious disfigurement, or result in prolonged impairment. Medical records and expert opinions often drive this analysis.
6) Are There Mandatory Minimum Sentences?Yes. Most § 53a-70a convictions carry a mandatory minimum of 10 years, with 5 years nonsuspendable. If the complainant is under 16 (and certain underlying theories apply), 20 years may be nonsuspendable.
7) Will I Have to Register as a Sex Offender if Convicted?Almost certainly. Registration length depends on the precise offense and disposition; conditions of probation and protective orders are common.
8) Can I Get the Charge Reduced?It depends on the facts. Defense strategies include challenging identity, the underlying § 53a-70 elements, and the aggravator (weapon proof, injury severity, or presence of accomplices). Successful motions or negotiations can lead to reductions.
9) What Evidence Is Typically Most Important in These Cases?Forensic results (DNA, SANE documentation), digital evidence (texts, location data), witness credibility, and medical records. In aggravator cases, weapon evidence and injury grading are critical.
10) What Should I Do Right Now if I’m Under Investigation or Arrested?Do not make statements without counsel. Preserve potential evidence (texts, locations, names of witnesses), follow any protective orders, and contact an experienced defense lawyer immediately.
Aggravated Sexual Assault Defense Lawyer Allan F. FriedmanIf you or a loved one is charged under § 53a-70a, the stakes could not be higher. Our firm has defended hundreds of felony cases statewide and knows how to challenge aggravators, attack unreliable evidence, and protect your rights at every step.
We work on a flat-fee basis and offer 24/7 access for urgent matters. Call (203) 357-5555 to schedule your free consultation, or contact us online for a prompt response.