C.G.S. § 53a-55a — Manslaughter in the First Degree With a Firearm

This charge alleges someone committed manslaughter in the first degree and, in doing so, used, threatened the use of, displayed, or represented possession of a firearm. It’s one of Connecticut’s most serious violent felonies and carries a mandatory prison term if convicted.
For more information on arraignment, bond, and the case process, see our Criminal Defense home page.
What the State Must Prove (Elements)To convict under § 53a-55a, prosecutors must prove both:
- The person committed manslaughter in the first degree under one of the recognized § 53a-55 theories (e.g., intent to cause serious physical injury but causing death; extreme emotional disturbance version; or reckless conduct under extreme indifference that causes death), and
- During the commission of that offense, the person used a firearm, or was armed with and threatened the use of, displayed, or represented by words or conduct that they had a firearm.
“Firearm” includes pistols/revolvers, rifles, and shotguns.
Penalties & Sentencing- Class B felony (exposure up to 20 years and fines up to $15,000).
- Mandatory minimum: At least 5 years of the sentence must be served and cannot be suspended.
- Potential probation after incarceration, lengthy post-release supervision, and lifetime collateral impacts (immigration, employment, licensing, firearm rights).
AR (Accelerated Rehabilitation) is not available for this offense. Strategy focuses on charge reduction, defense verdicts, or negotiated outcomes to lesser, non-mandatory counts where facts allow.
How Prosecutors Try to Prove It- Forensics: Autopsy/pathology, trajectory analysis, gunshot-residue (GSR), ballistics, stippling, distance determinations.
- Digital evidence: Phone extractions, messages, search history, cell-site, home/doorbell video.
- Statements: 911 audio, body-cam, postarrest interviews.
- Context: Prior disputes, threats, or motive evidence (subject to evidentiary limits).
- Identity / possession: No reliable proof you had or used a firearm; contaminated or inconclusive GSR/ballistics.
- Self-defense / defense of others: Justification that negates criminal liability.
- Causation disputes: Alternate cause of death; intervening acts; medical uncertainty.
- Degree reduction: Facts better fit manslaughter 2nd or criminally negligent homicide; no firearm proof means § 55a doesn’t apply.
- Suppression: Illegal stop, search, seizure, or interrogation taints key evidence.
- Extreme Emotional Disturbance and other partial defenses to reshape the charge landscape.
- Bar parking lot, heated fight; witness claims you “flashed” a gun while throwing punches and the other person later dies from a fall. If no credible evidence of a firearm or threat with a firearm, § 55a may fail.
- Domestic dispute, single gunshot after a struggle over a weapon; robust self-defense narrative with injury patterns supporting your account.
- Reckless firing into the air at a party; a stray round causes a death. If the State proves reckless extreme indifference and firearm use, § 55a exposure is live—but ballistics and trajectory may undercut causation.
- Not guilty example: Surveillance shows you unarmed; pathologist disputes the State’s theory of range/angle; no GSR; firearm never tied to you—jury acquits on 55a (and potentially all counts).
- No-contact/protective orders, GPS/bond conditions.
- Firearm disability and seizure/forfeiture issues.
- Media sensitivity: Early motion practice to protect fair-trial rights.
- Victim-rights participation at every stage.
- § 53a-55 – Manslaughter in the First Degree
- § 53a-56 / 56a – Manslaughter in the Second Degree / with a Firearm
- § 53a-54a – Murder
- § 53a-59 – Assault in the First Degree
- § 53a-217 – Criminal Possession of a Firearm
- Do not give statements or consent to searches before speaking with counsel.
- Preserve phones, videos, clothing, and potential witness info.
- Get experienced counsel engaged immediately to control evidence flow, protect rights, and shape negotiations.
Attorney Allan F. Friedman has over 30 years of experience in all of the courts in Connecticut. Facing a § 53a-55a charge—or worried you might be? Call (203) 357-5555 or reach out through the Contact Page for a confidential strategy session. We’ll assess defenses, challenge the firearm proof, and drive the case toward the most favorable outcome the facts allow.
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