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C.G.S. § 53-202k – Commission of a Felony with a Firearm
Definition
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Under Connecticut General Statutes § 53-202k, anyone who commits a Class A, B, or C felony while using, carrying, or possessing a firearm faces an additional five-year prison term. This sentence is mandatory and must be served consecutively to any sentence for the underlying felony. The statute is designed to punish the use of firearms in serious crimes and applies even if the gun was not discharged.
Penalties- Mandatory 5-Year Consecutive Sentence – This is added on top of the sentence for the underlying felony.
- No Suspension or Reduction – Judges cannot reduce or suspend this extra five-year term.
- Impact on Plea Negotiations – Prosecutors often use this enhancement as leverage in negotiations; dropping the enhancement can be part of a plea deal.
- Challenging Possession or Use – If the state cannot prove beyond a reasonable doubt that you had or used a firearm during the felony, the enhancement cannot be applied.
- Illegal Search and Seizure – If the firearm was obtained through an unlawful search, the evidence can be suppressed.
- Challenging the Underlying Felony – Beating the base felony charge means the enhancement disappears.
- Negotiation for Removal – In some cases, I have successfully negotiated for prosecutors to drop the firearm enhancement entirely.
- Armed Robbery in a Convenience Store: A man commits a Class B felony of robbery in the first degree while brandishing a handgun. If convicted, he faces the robbery sentence plus an additional five years under § 53-202k.
- Burglary with a Firearm in a Residence: A person breaks into a home at night with a firearm in their possession. The burglary charge, a Class B felony, would trigger the five-year enhancement.
- Unlawful Possession During Felony Assault: During a fight, an individual has a firearm tucked in their waistband but never removes it. The presence of the firearm during the Class C felony assault leads to the enhancement.
- Carrying a Pistol Without a Permit – C.G.S. § 29-35
- Weapons in a Motor Vehicle – C.G.S. § 29-38
- Criminal Possession of a Firearm – C.G.S. § 53a-217
- Illegal Transfer or Possession of an Assault Weapon – C.G.S. § 53-202a
- Use of a Firearm in Commission of a Class A, B, or C Felony – C.G.S. § 53-202j
1. What is C.G.S. § 53-202k?
It’s a Connecticut law that imposes an extra five-year prison sentence for committing a Class A, B, or C felony with a firearm.
2. Is this a separate charge?
No. It’s a sentence enhancement attached to the underlying felony.
3. Is the five-year term mandatory?
Yes. The judge has no discretion to suspend or reduce it.
4. Can I get Accelerated Rehabilitation (AR)?
Possibly. Because § 53-202k is an enhancement, AR may still be available if the underlying felony is eligible and non-violent. However, most qualifying felonies involve violence and are excluded from AR.
5. What crimes commonly include this enhancement?
Armed robbery, home invasion, burglary with a firearm, sexual assault with a gun, and certain drug trafficking felonies.
6. What if the gun wasn’t fired?
The enhancement applies even if the firearm was never discharged—mere possession during the felony is enough.
7. Can prosecutors drop the firearm enhancement?
Yes. Prosecutors sometimes agree to drop § 53-202k as part of a plea bargain, especially when evidence is weak or in non-violent cases.
8. What defenses are used against this enhancement?
Challenging proof of possession, attacking the legality of the search, questioning witness credibility, or beating the underlying felony itself.
9. What if I was just present and someone else had the gun?
The enhancement may still apply if the state proves you acted as an accomplice. A strong defense can fight this.
10. Why hire Allan F. Friedman for a 53-202k case?
Because I have over 30 years of experience challenging firearm enhancements, negotiating dismissals, and protecting clients from mandatory prison time.
Facing a charge with a § 53-202k enhancement is extremely serious. The mandatory five years can drastically change your life.
Call Allan F. Friedman, Criminal Lawyer at (203) 357-5555 or use the secure contact form for a free consultation. I’m available 24/7 to fight for your rights.
