C.G.S. § 53a-59a – Assault of an Elderly, Blind, Disabled, or Pregnant Person, or a Person with Intellectual Disability (First Degree)

Assault under § 53a-59a is one of the most serious “protected person” crimes in Connecticut. It elevates a first-degree assault when the victim is at least 60 years old, is blind or physically disabled, is pregnant, or is a person with an intellectual disability (and the accused is not). A conviction is a Class B felony with a mandatory, non-suspendable five-year prison term—and exposure up to 20 years.

To convict under § 53a-59a, the State must prove beyond a reasonable doubt that:

1. A qualifying first-degree assault occurred under § 53a-59(a)(2), (a)(3), or (a)(5) (e.g., serious permanent disfigurement; extreme indifference conduct causing serious physical injury; or injury caused by discharging a firearm), and
2. The victim is in a protected class:
   • has attained at least 60 years of age, or
   • is blind or physically disabled, or
   • is pregnant, or
   • is a person with an intellectual disability (and the accused is not a person with an intellectual disability).

No double conviction: you cannot be convicted of both § 53a-59 (Assault 1st) and § 53a-59a for the same incident (though prosecutors may charge both).

• Class B felony
  • Prison: 1–20 years, with a mandatory minimum of 5 years that cannot be suspended or reduced
  • Fine: up to $15,000
  • Probation: possible after any mandatory time, often with strict conditions (no-contact orders, treatment, restitution)

Because a mandatory minimum applies, plea-bargaining and charge-reduction strategy become critical very early in the case.

Every case is fact-specific, but common approaches include:

• Challenging the underlying Assault-1st theory. If the facts don’t meet § 53a-59(a)(2), (a)(3), or (a)(5), § 53a-59a cannot stand.
• Protected-status proof. The State must present admissible evidence of age, pregnancy, disability, or intellectual disability as defined by statute.
• Injury level and causation. Disputes over “serious physical injury,” weapon use, or firearm discharge often decide whether the enhancement applies.
• Self-defense / defense of others. Reasonable, proportional force in response to unlawful force can defeat liability.
• Credibility and consistency. Body-cam, 911 audio, medical records, and witness accounts are tested for contradictions and motive to exaggerate.
• Merger/duplication checks. Ensuring there is no impermissible double conviction for the same act.

Diversion is generally not available for this offense:

• Accelerated Rehabilitation (AR): Defendants charged with Class B felonies are ineligible.
• Family Violence Education Program (FVEP): Not available for Class A–C felonies; Class D requires good cause. A § 53a-59a charge is too serious for FVEP.

Practical path: Attack the evidence to reduce the charge to a lesser, non-mandatory offense (e.g., Assault 2nd or 3rd, or a non-protected-person count). Once reduced, targeted outcomes (including limited diversion on eligible lesser charges) may be possible.

• A heated domestic dispute results in serious injury, and police later learn the partner is pregnant or over 60, triggering § 53a-59a.
• A fight causes serious permanent injury; the complainant is physically disabled, elevating the charge to 59a.
• An incident involving a firearm discharge causes injury; the victim is a protected person, so prosecutors file 59a with a five-year mandatory.

• § 53a-59 – Assault in the First Degree (Class B felony)
• § 53a-60b – Assault 2nd of a Protected Person (felony; mandatory minimum applies)
• § 53a-60c – Assault 2nd with a Firearm (felony; mandatory minimum)
• § 53a-61a – Assault 3rd of a Protected Person (Class A misdemeanor; 1-year mandatory)

Yes. § 53a-59a carries a non-suspendable five-year minimum term. The court cannot reduce or suspend it.

No. AR excludes Class B felonies, and FVEP is not available for Class A–C felonies. The goal is to beat or reduce the charge first.

Prosecutors can still proceed. The defense focuses on independent evidence (medical records, body-cam, 911 audio) and legal elements to obtain a reduction or dismissal.

No—not for the same incident. The State may charge both, but only one conviction can enter.

Age 60+, blindness, physical disability, pregnancy, or intellectual disability (with additional actor-status condition for the last category).

Up to 20 years in prison (Class B felony), plus fines up to $15,000 and probation after mandatory time.

Yes—59a also applies to Assault-1st theories involving serious permanent injury or extreme-indifference conduct causing serious physical injury, when the victim is protected.

Immediate evidence control: preserve video/phone data, obtain medical records, and push an early legal/evidentiary review aimed at charge reduction below the mandatory-minimum threshold.

A § 53a-59a arrest puts a five-year mandatory on the table from day one. The sooner we dig into the facts, the better the chances of a reduction or dismissal. Call (203) 357-5555 for a confidential consultation and a defense plan tailored to your case or use our online contact form.