Burglary in the First Degree (C.G.S. § 53a-101)

If you or a loved one was arrested for Burglary in the First Degree (C.G.S. § 53a-101), you’re facing one of Connecticut’s toughest non-homicide felonies. I’ve defended these cases for over 30 years. Below I explain the elements, penalties, and defenses—with the exact statutes you’ll hear in court.

Under C.G.S. § 53a-101(a), the State must prove both:

1. You entered or remained unlawfully in a building (definitions in § 53a-100), and
2. You intended to commit a crime inside (any crime—not just larceny),

plus one of the following aggravators (§ 53a-101(a)(1)–(3)):

• Armed aggravator — § 53a-101(a)(1): You were armed with explosives, a deadly weapon, or a dangerous instrument (see Penal Code definitions in § 53a-3).
• Injury aggravator — § 53a-101(a)(2): You intentionally, knowingly, or recklessly caused or attempted to cause physical injury to another (“physical injury” in § 53a-3).
• Nighttime dwelling aggravator — § 53a-101(a)(3): The building is a dwelling and the entry/remaining occurred at night (“building,” “dwelling,” and “night” in § 53a-100; “night” is the period from 30 minutes after sunset to 30 minutes before sunrise).

Plain-English notes:

• “Unlawfully” means you lacked license or privilege to be there (§ 53a-100). Prior permission (key/invitation) matters.
• Intent can be inferred from conduct, but the State still must prove you planned to commit some crime inside.

• Class B felony (§ 53a-101(b); ranges in § 53a-35a): up to 20 years imprisonment.
• Fine up to $15,000 (§ 53a-41).
• Mandatory minimum: If the armed aggravator is proven, five years of the sentence may not be suspended (§ 53a-101(c)).
• Probation is possible in non-mandatory scenarios, but expect strict conditions.
• Family-violence overlay: If a family/household member is involved, the case goes to the family-violence docket with immediate protective orders (framework in § 46b-38a et seq.).

Program reality check: As charged, Burglary 1st is generally not eligible for AR or FVEP. Strategy often focuses on defeating an aggravator or reducing to a program-eligible offense (see § 53a-102, § 53a-103, § 53a-107).

High-profile home-entry crimes pushed lawmakers to elevate penalties where people and homes are at risk. That’s why nighttime entries into dwellings and weapon/injury scenarios trigger § 53a-101(a)(1)–(3), and why Home Invasion (§ 53a-100aa) exists as a separate, harsher Class A felony. Prosecutors often file § 53a-101 when they see a dwelling/weapon/injury factor but the added elements of Home Invasion aren’t met.

• Domestic misunderstandings: Using an old key or “just getting my things” after a breakup can become unlawful remaining—and if it’s at night in a dwelling, § 53a-101(a)(3) is in play.
• No theft, still burglary: The statute requires intent to commit a crime inside, not necessarily stealing (§ 53a-101(a)).
• Misidentification/video gaps: Doorbell footage can be ambiguous; identity and timing are frequent battlegrounds.

License/privilege (invitation, shared residence, key) undercuts a core element. If permission was revoked, when and by whom matters.

Retrieving property or seeking a conversation isn’t automatic criminal intent. Messages, location data, and witness context can rebut the State’s theory.

• Weapon/dangerous instrument (§ 53a-3): Was there a qualifying weapon? Was it on you during the entry/remaining? Was a common object truly used/threatened in a way “capable of causing death or serious physical injury”?
• Injury: Was harm accidental or minimal? Did it occur later or elsewhere?
• Nighttime dwelling: Is it legally a “dwelling”? Was it legally “night”? Minutes matter.

Flawed searches or ID procedures can be challenged. Suppression leverage often drives charge reductions.

Domestic-context/no-injury cases frequently resolve to Burglary 2nd/3rd (§ 53a-102/-103) or Criminal Trespass 1st (§ 53a-107), opening doors to more lenient outcomes—and sometimes program eligibility.

If the complainant is a family or household member (§ 46b-38a), the case proceeds on the family-violence docket with immediate protective orders and a Family Relations interview at the first appearance (§ 46b-38c procedures). Early compliance and a strong mitigation package help us seek order modifications and charge reductions.

• Home Invasion — § 53a-100aa
• Burglary 2nd; Burglary 2nd w/ Firearm — §§ 53a-102, 53a-102a
• Burglary 3rd; Burglary 3rd w/ Firearm — §§ 53a-103, 53a-103a
• Criminal Trespass 1st — § 53a-107
• Possession of Burglar’s Tools — § 53a-106
• Robbery 1st–3rd — §§ 53a-134, 53a-135, 53a-136
• Assault 2nd/3rd — §§ 53a-60, 53a-61
• Criminal Violation of a Protective Order — § 53a-223

1. Do not contact the complainant; follow all protective orders.
2. Preserve evidence (texts, call logs, rides, doorbell/smart-home video, location history).
3. Write a timeline while it’s fresh (who invited you, why you went, what you intended to do).
4. Call a lawyer early. The first two court dates shape bond, orders, and the charging narrative.

No. The statute requires unlawful entry/remaining plus intent to commit any crime inside (§ 53a-101(a)).

“Night” and “dwelling” are defined for burglary (§ 53a-100). If timing or the nature of the structure is borderline, we litigate it.

Yes—if the armed aggravator is proven, five years of any sentence may not be suspended (§ 53a-101(c)).

Often. We target the aggravator/intent and negotiate to § 53a-102, § 53a-103, or § 53a-107, where appropriate.

Prior license or privilege matters (§ 53a-100). If permission wasn’t clearly revoked, the State’s “unlawful” element is weak.

Usually the court addresses bond and protective orders first. Strong mitigation and compliance can keep you out while the case proceeds.

No. That risks violating protective orders and creating new charges (§ 53a-223). Let your lawyer communicate through proper channels.

Felony allegations—especially violent Class B felonies—can create serious immigration and licensing problems. Early negotiation and charge reduction are critical.

Often yes, via third-party sites. We can discuss post-disposition record-sealing and reputation management options after the case outcome.

Immediately. Bring your timeline, messages, call logs, photos/videos, location history, and names of any witnesses.

If you’re facing Burglary in the First Degree (C.G.S. § 53a-101), call Allan F. Friedman, Criminal Lawyer at 203-357-5555 for a free, confidential consultation. | Call: 203-357-5555