C.G.S. § 53a-102a – Burglary in the Second Degree With a Firearm

For the arraignment, bond, and case process, see our Criminal Defense home page.

You can be charged with Burglary in the Second Degree with a Firearm when you commit Burglary 2nd (§ 53a-102)—an unlawful entry into a dwelling with intent to commit a crime inside (either at night or while a non-participant is actually present)—and, during the offense, you use, threaten the use of, display, or represent (by words or conduct) that you possess a firearm. It’s a Class C felony with a mandatory minimum prison term.

To convict under § 53a-102a, the State must show:

1. Burglary 2nd (§ 53a-102): You entered or remained unlawfully in a dwelling with intent to commit a crime inside, and either
   • it was at night, or
   • a non-participant was actually present; and
2. Firearm element: In the course of that burglary, you used, threatened the use of, displayed, or represented that you had a firearm.

The State doesn’t have to prove you completed the intended crime—intent inside plus the firearm element is enough.

• Class C felony
• Mandatory minimum: 1 year of incarceration not suspendable
• Maximum sentence: up to 10 years imprisonment
• Fine: up to $10,000
• Probation: possible (the mandatory year still applies)
• Collateral impacts: immigration, employment/licensing, housing, firearm rights

• Entering an occupied apartment at night to steal, then showing or claiming to have a gun when confronted.
• Pushing into a dwelling during a dispute while someone is home and threatening to use a firearm.
• Breaking into a multi-family dwelling and displaying what appears to be a pistol to make a resident back away.

Unlawful entry into a dwelling at night; when the resident appears, the intruder says he has a gun.Why it fits: Burglary 2nd + representation of a firearm.

Intruder slips into an apartment building, enters a unit with someone inside, and displays a handgun.Why it fits: Dwelling + person present + display of a firearm.

Unlawful entry with a hidden gun, no display/threat/representation.Why not: Underlying burglary may stand, but firearm element isn’t proven.

Shoplifting while the business is open and you weren’t excluded.Why not: Entry is lawful; this is a theft case.

Accidental entry into the wrong unit with no crime intent and quick exit.Why not: Lacks intent and may lack knowing unlawfulness.

• “Dwelling” and “actually present” challenges: Was it truly a dwelling, and was a non-participant present at the time?
• No criminal intent inside: Presence alone isn’t enough; the State must prove intent to commit a crime inside.
• Firearm element fails: No use/threat/display/representation tied to the burglary event; ambiguous gestures or non-firearm objects.
• Identification & proof issues: Weak/contaminated forensics, poor lighting, unreliable eyewitness IDs, shaky cell-site data.
• Illegal search or statements: Suppress unlawfully seized evidence or involuntary/mirandized statements.
• Charge calibration: Push down to § 53a-102 (Burglary 2nd) or § 53a-103 (Burglary 3rd) when elements don’t fit.

1. Arraignment: Bond, Conditions of Release, and any protective orders; we preserve 911/body-cam/surveillance immediately.
2. Discovery & Investigation: Scene photos, videos, forensics, occupancy/dwelling proof, timeline.
3. Motions: Suppress searches, exclude unreliable IDs, litigate “dwelling,” “actually present,” intent, and the firearm element.
4. Negotiations vs. Trial: Targeted mitigation (restitution, counseling, treatment) to reduce exposure or recalibrate charges.
5. Disposition: Structured plea or trial; sentencing advocacy focused on minimizing custodial time beyond the mandatory year.

• § 53a-101 / 101a – Burglary in the First Degree (with/without firearm)
• § 53a-102 – Burglary in the Second Degree (no firearm)
• § 53a-103 / 103a – Burglary in the Third Degree (with/without firearm)
• § 53a-108 – Criminal Trespass in the First Degree
• Larceny (by degree)

Yes—Class C felony with a 1-year mandatory minimum that can’t be suspended.

Not necessarily. Display, threat, or representation can satisfy the statute—credibility and context matter.

No. Intent to commit any crime inside + the other elements is enough.

Burglary 2nd requires either nighttime entry or a non-participant actually present while you were inside—timing is critical.

Often yes. We scrutinize use, occupancy, and the statutory definition.

That’s not a firearm. The State might pursue Burglary 2nd (§ 53a-102) or another offense, but not with a firearm.

Possibly—but the 1-year mandatory still applies. Outcomes depend on facts and history.

They must prove intent from circumstances (tools, behavior, statements). We attack weak inferences.

Often several months—video/forensics and motion practice drive the schedule.

It can. We shape a defense that protects your record and collateral interests wherever possible.

A 53a-102a charge is high-stakes and moves fast. Early involvement lets us lock down video, challenge the firearm allegation, and—where the facts allow—drive the case down to § 53a-102 or § 53a-103 or position you for the best non-incarceration outcome.Call (203) 357-5555 now for a same-day strategy session, or reach me through the Contact Page for a rapid response