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C.G.S. § 53a-60a — Assault in the Second Degree with a Firearm
Definition
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A person commits Assault in the Second Degree with a Firearm when they commit Assault in the Second Degree (C.G.S. § 53a-60) and, during that offense, use a firearm, or are armed with and threaten the use of a firearm, or display or represent that they possess a firearm. “Firearm” includes pistols, revolvers, rifles, shotguns, and similar weapons.
Elements the State Must Prove- The defendant committed Assault in the Second Degree under § 53a-60 (e.g., intentionally causing serious physical injury; intentionally causing physical injury by a deadly weapon/dangerous instrument; or other qualifying subsection), and
- In the course of that assault, the defendant used, threatened the use of, displayed, or represented that they had a firearm.
- Class D felony
- Mandatory minimum: 1 year of incarceration (not suspendable or reducible)
- Maximum: up to 5 years in prison
- Fine: up to $5,000
- Probation possible in addition to the mandatory minimum
- Protective orders and firearm surrender commonly imposed in family-violence cases
- A fight where a handgun is brandished during the assault.
- An assailant lifts clothing to reveal a firearm while striking or threatening the victim.
- No gun recovered, but the assailant states or gestures that they have a firearm during the assault.
- “Showed the gun” during a punch: In a bar dispute, the accused punches someone and lifts a jacket to reveal a pistol, saying “Don’t make me use this.”
- “I’ve got one right here”: During a domestic argument, the accused reaches toward a pocket and says they have a gun while threatening and causing injury. Even if no weapon is later found, the representation can satisfy the firearm element.
- § 53a-60 — Assault in the Second Degree (no firearm element)
- § 53a-60b — Assault 2nd on a pregnant, elderly, or disabled person
- § 53a-60c — Assault 2nd with a Firearm on a protected person (enhanced mandatory minimum)
- § 53a-61 — Assault in the Third Degree
- § 53a-62 — Threatening in the Second Degree
- § 53a-181 — Breach of Peace in the Second Degree
- Firearm element: No weapon recovered; alleged “display” or “representation” based only on ambiguous movement or words.
- Assault 2nd predicate: Injury classification disputed (not “serious physical injury”); facts do not match a qualifying § 53a-60 subsection.
- Self-defense/defense of others: Proportional force; display without unlawful use.
- Suppression issues: Illegal stop/search/seizure; inconsistencies between bodycam/dashcam and written reports.
- Amend to § 53a-60 (non-firearm count) or § 53a-61 where appropriate to eliminate the 1-year mandatory exposure.
- Protective order advocacy to minimize hardship while ensuring compliance.
- Accelerated Rehabilitation (AR): Discretionary and fact-sensitive. Firearm felonies face a high bar, but outcomes may improve if the case is amended to an eligible non-firearm count.
- Family Violence Education Program (FVEP): Available only on the family-violence docket (household/family member). Admission is discretionary; completion can lead to dismissal in appropriate cases, sometimes after charge adjustment.
Is an actual gun required?
Not necessarily. Displaying what appears to be a firearm or representing that you have one can satisfy the statute.
Can I be convicted of both § 53a-60 and § 53a-60a for the same incident?
They can be charged together, but only one conviction should enter for the same assault event.
What if no one suffered “serious physical injury”?
§ 53a-60a still applies if the predicate § 53a-60 subsection fits and the firearm element is proven. The mandatory 1 year still applies upon conviction.
Can I get AR on a § 53a-60a charge?
AR is rare on firearm felonies and typically requires charge reduction to an eligible offense. Eligibility depends on history, facts, and judicial/prosecutorial discretion.
Does this go on the family-violence docket?
Yes, if the complainant is a family or household member. That can open the door to FVEP where appropriate.
Will a conviction affect firearms rights?
Yes. A felony conviction will bar firearm possession and can trigger additional legal restrictions.
What should I do first if charged?
Do not make statements. Preserve evidence (texts, video, witnesses), and consult counsel immediately to evaluate the firearm element, injury claims, and potential charge amendments.
Facing § 53a-60a is serious because of the built-in one-year mandatory minimum. We move fast to test the firearm allegation, challenge the § 53a-60 predicate, preserve video and medical evidence, and press for non-firearm resolutions or diversion where possible.
Call (203) 357-5555 or use our online contact form for a free, confidential consultation. We defend clients across Connecticut and fight to protect your record, your rights, and your future.
