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C.G.S. § 53a-56 — Manslaughter in the Second Degree

Plain-English Overview Manslaughter in the Second Degree

Manslaughter 2nd alleges that someone recklessly caused another person’s death or intentionally caused/aided another person to commit suicide. It’s a serious violent felony, but it does not carry a statutory mandatory minimum (unlike some firearm-enhanced versions).

For more information on the arraignment, bond, and case process, consult our Criminal Defense home page.

What the State Must Prove (Elements)

Prosecutors must prove one of the following beyond a reasonable doubt:

1. Recklessness causing death: You were aware of and consciously disregarded a substantial and unjustifiable risk that death would occur, and your disregard was a gross deviation from what a reasonable person would do; and someone died.

OR

2. Aiding suicide: You intentionally caused or intentionally aided another person to commit suicide.

“Reckless” is more than a mistake or simple carelessness. It’s knowing there’s a serious risk of death and choosing to plow ahead anyway.

Penalties
  • Class C felony
    • 1 to 10 years in prison
    • Up to $10,000 in fines
    • Possible probation, strict conditions of release, and lasting collateral consequences (immigration, employment, licensing, firearm rights)
How These Cases Are Built
  • Scene & forensics: Autopsy findings, toxicology, trajectory/impact analysis, reconstruction.
  • Digital evidence: Phones, texts, location data, surveillance/Ring video.
  • Witnesses & context: Prior disputes, speed/alcohol allegations, safety rules ignored, 911 audio, body-cam.
Defense Angles That Move the Needle
  • No recklessness: The facts show a tragic accident or at most criminal negligence (which fits a lesser charge like Criminally Negligent Homicide, § 53a-58).
  • Causation gaps: Intervening medical issues, alternative cause of death, or unreliable reconstruction.
  • Suppression: Unlawful stop/search/seizure; statements taken in violation of rights.
  • Justification / defense of others: Where supported by the facts.
  • Charge re-sizing: Pushing down from 53a-56 to § 53a-58 or other non-violent outcomes when the evidence doesn’t support recklessness.
AR / Diversion Reality Check

For a violent Class C felony like § 53a-56, Accelerated Rehabilitation (AR) is generally not an option given the seriousness and victim-impact profile. The smart strategy is to (1) challenge the recklessness proof and causation, (2) litigate suppression and reconstruction issues, and (3) negotiate a reduction to a lesser, non-violent, or non-felony count when supported by the evidence—then pursue appropriate dispositional tools there.

Illustrative Examples
  • Guilty (recklessness): After multiple warnings about an unsafe stunt, a defendant fires a “warning” shot toward a crowd; a bystander is struck and dies. Prior texts and video show awareness of the risk.
  • Guilty (recklessness): Driver chooses triple-digit speeds weaving through traffic; no braking before impact; onboard data confirms speed and throttle—court finds conscious disregard of a substantial risk.
  • Guilty (aiding suicide): Defendant supplies means and detailed instructions, encourages completion, and remains in contact during the attempt.
  • Reduced (to § 53a-58): Poorly lit road; unexpected obstruction; moderate speed; no intoxication; reconstruction supports that death followed a negligent lapse, not recklessness.
  • Not guilty: Conflicting medical testimony on cause of death; no reliable proof of reckless conduct; surveillance undermines key State witnesses.
Related Connecticut OffensesWhat to Do Right Now
  • Do not give statements or consent to any searches before speaking with counsel.
  • Preserve phones, clothing, vehicles, videos, and witness info.
  • Get experienced counsel working immediately on reconstruction, forensics, and bond/conditions.
Call to Action

Facing a § 53a-56 allegation—or worried you might be? Call (203) 357-5555 or reach out through the Contact Page for a confidential strategy session. We’ll pressure-test the State’s recklessness theory, protect your rights, and drive the case toward the most favorable outcome the facts allow.

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