C.G.S. § 53a-103a – Burglary in the Third Degree With a Firearm

Overview

You can be charged with Burglary in the Third Degree with a Firearm when you commit Burglary 3rd (§ 53a-103)—entering or remaining unlawfully in a building with intent to commit a crime inside—and, during the offense, you use, are armed with and threaten the use of, display, or represent (by words or conduct) that you possess a firearm. It is a Class D felony with a mandatory minimum of 1 year that cannot be suspended.

To convict under § 53a-103a, the State must show:

1. Burglary 3rd: You entered or remained unlawfully in a building with intent to commit a crime inside; and
2. Firearm element: In the course of the burglary, you used, threatened the use of, displayed, or represented that you had a firearm.

The State does not need to prove the intended crime was completed—intent inside plus the firearm element is enough.

• Class D felony
• Mandatory minimum: 1 year incarceration not suspendable
• Maximum: up to 5 years incarceration; up to $5,000 fine; possible probation
• Collateral impacts: immigration, employment/licensing, housing, firearm rights

• After-hours entry into a warehouse, and when confronted by security, the person puts a hand on the waistband and says “I’ve got a gun.”
• Unlawful entry into a storage facility; the person shows what appears to be a pistol to scare off a witness.
• Breaking into a closed shop to take cash; the person displays a handgun to a clerk who unexpectedly returns.

Unlawful entry into a locked garage to steal tools; when spotted, the person claims to have a gun.Why it fits: Burglary 3rd + representation of a firearm.

Unlawful entry to a closed store; a handgun is displayed when confronted.Why it fits: Burglary 3rd + display of a firearm.

Unlawful entry to steal, but the firearm is never used, threatened, displayed, or represented.Why not: Still Burglary 3rd (§ 53a-103), but firearm element not proven for 103a.

Walks in during business hours and steals without prior exclusion.Why not: Entry was lawful; this is a theft case, not burglary.

Inside a closed warehouse after hours, but proof shows no intent to commit a crime.Why not: At most Criminal Trespass.

• No unlawful entry/remaining: Open hours, permission, or lack of notice defeats the “unlawful” element.
• No criminal intent inside: Tools/behavior/statements don’t support intent to commit a crime.
• Firearm element fails: No use/threat/display/representation tied to the burglary; ambiguous gestures or non-firearm objects.
• Identity & proof issues: Weak video, unreliable eyewitnesses, contaminated prints/DNA, questionable cell-site data.
• Search & statements: Suppress unlawfully seized evidence or involuntary/confused statements.
• Charge calibration: Push down to § 53a-103 (Burglary 3rd) or to trespass/theft-only where facts fit.

1. Arraignment: bond and protective conditions; preserve surveillance/911 audio immediately.
2. Discovery & Investigation: video canvass, forensic (prints/DNA), phone/tower data, property records, “building” status.
3. Motions: suppress searches, exclude unreliable IDs, challenge the firearm proof.
4. Negotiations vs. Trial: restitution, treatment (if relevant), mitigation to seek charge reduction from 103a → 103 or a targeted non-incarceration outcome.
5. Disposition: structured plea, narrowly tailored sentencing, or trial.

• § 53a-103 – Burglary in the Third Degree
• § 53a-102 / 102a – Burglary in the Second Degree (with/without firearm)
• § 53a-101 / 101a – Burglary in the First Degree (with/without firearm)
• § 53a-108 – Criminal Trespass in the First Degree
• Larceny (by degree)

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

Not necessarily. The statute covers use, threatened use, display, or representation of a firearm; details and credibility matter.

Completion isn’t required. Intent to commit a crime inside plus the firearm element is enough.

Often yes, depending on structure and use. We scrutinize the statutory “building” definition.

Generally no; lawful entry during open hours is typically larceny, not burglary.

Then 103a doesn’t apply. It may still be Burglary 3rd (§ 53a-103) or another offense, but not with a firearm.

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

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

AR is limited for firearm-enhanced burglaries; feasibility is highly fact- and court-specific.

Several months is common—video/forensics and motion practice drive the schedule.

Facing Burglary 3rd with a Firearm (§ 53a-103a) is serious. Early strategy can be the difference between a mandatory-time felony and a reduced outcome.Call 203-357-5555 or use our online contact page to start your defense today.