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

Manslaughter 2nd with a firearm applies when the State claims someone recklessly caused another person’s death and a firearm was present or used during the offense. It’s a serious felony with a mandatory prison component. The prosecution does not have to prove an intent to kill—only reckless conduct that caused a death, plus the firearm factor.

To convict under § 53a-56a, prosecutors must establish:

1. Recklessness: You acted with a conscious disregard of a substantial and unjustifiable risk of death, and
2. Causation: That conduct caused another person’s death, and
3. Firearm element: A firearm was used, carried, or otherwise present/represented in connection with the offense.

• Class C felony.
• Mandatory minimum: The court must impose a prison sentence that includes at least 1 year that cannot be suspended.
• Additional exposure includes fines, probation, and firearm-related conditions. Collateral consequences (immigration, professional licensing, firearm rights) can be severe.

• Reckless handling/discharge at home or during an argument.
• Alcohol + firearm: impaired judgment around loaded weapons.
• “Show and scare” gone wrong: brandishing or “warning shots” that lead to fatal results.
• Hunting/target practice mishandling where basic safety rules were ignored.

• No recklessness: A tragic accident isn’t automatically criminal. We attack the State’s proof of conscious risk-taking.
• Causation disputes: Forensic and medical evidence can break the chain of causation (timing, intervening acts, alternative causes).
• Firearm element challenges: Whether a weapon was actually used/“displayed” within the statute’s meaning.
• Self-defense/defense of others: If the facts support justification, we litigate it aggressively.
• Evidence integrity: Scene processing, gunshot residue protocols, trajectory analysis, digital/location data, and witness credibility.

• Full scene forensics (ballistics, trajectory, bloodstain pattern analysis).
• Firearm history (ownership, function, safety features, malfunction potential).
• Toxicology/time-line reconstruction (when did drinking occur, how much, who saw what).
• 911/body-cam/doorbell/cell videos; phone location and message threads.
• Expert reviews (firearms, pathology, human factors).

Accelerated Rehabilitation (AR) is not available in cases where the commission of the offense caused a death, and manslaughter by definition involves a death. Family-violence or other diversion programs are likewise not available for this offense. In practice, outcomes turn on charge reduction, justification defenses, and precision sentencing advocacy—not diversion.

• § 53a-56b — Manslaughter in the Second Degree
• § 53a-55 — Manslaughter in the First Degree
• § 53a-55a — Manslaughter in the First Degree with a Firearm
• § 53a-59 — Assault in the First Degree (non-fatal)
• § 29-35/36 (firearm carrying/permit issues that may accompany the case)

No. The State needs recklessness causing death plus the firearm element.

The firearm factor. It raises the case to § 53a-56a and adds a non-suspendable prison portion.

Yes. The statute focuses on the presence/use/representation of a firearm in connection with the offense.

We examine design, maintenance, and handling to show lack of recklessness or a mechanical malfunction.

Often the battle is to defeat “recklessness,” establish justification, or negotiate a charge reduction where facts support it.

A felony conviction triggers serious firearm disabilities; we’ll cover the full collateral picture with you.

Not without counsel. Even “helpful” statements can undercut defenses on recklessness or causation.

If you or a loved one is under investigation or charged with Manslaughter 2nd with a Firearm (§ 53a-56a), call Attorney Allan F. Friedman, Criminal Lawyer at (203) 357-5555 or reach out through our Contact Page for a confidential strategy session. For a broader roadmap of what happens next (arraignment, bond, and case flow), see our main page.