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Connecticut General Statutes § 53a-61aa – Threatening in the First Degree
Charged with Threatening in the First Degree in Connecticut?
A Threatening in the First Degree charge under C.G.S. § 53a-61aa is a serious felony offense in Connecticut. It often arises in domestic violence situations or in cases involving alleged threats of violence with weapons, threats made in schools or public places, or violations of protective orders. Conviction carries severe penalties, including prison time and a permanent felony record.
At Allan F. Friedman Criminal Lawyer, we have over 30 years of experience defending clients charged with violent and domestic violence crimes throughout Connecticut. We know how prosecutors build these cases and how to fight back effectively.
What Is Threatening in the First Degree?Under C.G.S. § 53a-61aa, a person commits Threatening in the First Degree when they:
- Threaten to commit any crime of violence with intent to terrorize another person, and:
- Use or threaten the use of a firearm, deadly weapon, or explosive device, or
- Make such threats in a school, public building, or place of public gathering, or
- Make such threats while violating a protective order or restraining order.
If the alleged victim is a family or household member—such as a spouse, partner, ex-partner, roommate, parent, or child—the case will likely be designated as domestic violence.
- Mandatory Arrest: Police must make an arrest if they find probable cause.
- Next-Day Arraignment: You will appear in domestic violence court the following business day.
- Protective Orders: Courts often issue full no-contact or limited contact orders at arraignment.
- Additional Impact: May affect child custody, firearm rights, employment, and reputation.
Threatening in the First Degree is a Class D felony in Connecticut:
- Imprisonment: Up to 5 years in state prison
- Fines: Up to $5,000
- Probation: Possible supervised probation
- Permanent Felony Record: Impacting future employment, professional licensing, firearm ownership, and immigration status
If the offense involves a school or public building, sentencing enhancements may apply.
Diversionary Programs: AR & FVEPMany first-time offenders may be eligible for pretrial diversionary programs, which can avoid a conviction and erase the charges:
- Accelerated Rehabilitation (AR): A general diversionary program for non-violent offenders that can apply to some threatening cases if the facts support it. Successful completion results in dismissal and erasure of the charges.
- Family Violence Education Program (FVEP): Specifically for domestic violence cases. Participation in counseling and education classes often leads to the case being dismissed and removed from your record.
We have extensive experience securing AR and FVEP for clients charged with threatening offenses, allowing them to move forward without a permanent criminal record.
Common Scenarios Leading to First-Degree Threatening Charges- Domestic Disputes: Arguments with partners or family members that escalate to alleged threats.
- Weapon-Related Allegations: Threats made while possessing or allegedly displaying a firearm.
- School or Public Venue Threats: Statements or social media posts perceived as threats to public safety.
- Protective Order Violations: Making threats while under a court-issued protective or restraining order.
Being charged does not mean you will be convicted. Common defenses include:
- Lack of Intent: Showing there was no genuine intent to terrorize anyone.
- No “True Threat”: Arguing the statement was misunderstood, exaggerated, or constitutionally protected speech.
- Mistaken Identity: Proving that someone else was responsible for the alleged threat.
- Unlawful Evidence: Suppressing evidence obtained through illegal searches or seizures.
- Charge Reduction: Negotiating to a misdemeanor threatening offense or obtaining dismissal via diversionary programs.
- Threatening in the Second Degree – C.G.S. § 53a-62: A misdemeanor threatening offense without the aggravating factors of weapons, schools, or protective orders.
- Violation of a Protective Order – C.G.S. § 53a-223: Frequently charged in domestic violence cases involving threats.
- Breach of Peace – C.G.S. § 53a-181: Sometimes charged as a lesser alternative.
1. What makes Threatening in the First Degree a felony?
Aggravating factors such as weapons, threats in schools, or violations of protective orders elevate it to a felony.
2. Is this always considered domestic violence?
Not always, but it often is when the alleged victim is a family or household member.
3. Can I go to jail if convicted?
Yes. A conviction can lead to up to 5 years in prison.
4. Can these charges be dismissed?
Yes, particularly through diversionary programs like AR or FVEP for eligible first-time offenders.
5. What if my words were misunderstood or taken out of context?
Intent and context are critical. We can argue that your words were not a “true threat.”
6. Will this conviction stay on my record forever?
Yes, unless later erased by an Absolute Pardon.
7. What should I do immediately after being arrested?
Remain silent, avoid contacting the alleged victim, and contact a lawyer immediately.
8. What evidence does the state use?
Text messages, emails, social media posts, witness statements, and any statements you made.
9. Can you negotiate this down to a misdemeanor?
In many cases, yes—through aggressive negotiation or by undermining the state’s evidence.
10. Why hire Allan F. Friedman Criminal Lawyer?
Because we have over 30 years of experience, a proven record of dismissing or reducing charges, and we know how to navigate Connecticut’s domestic violence courts.
With decades of experience in Connecticut criminal defense, we can:
- Challenge the evidence and build a strong defense
- Seek diversionary programs to keep your record clean
- Negotiate with prosecutors for dismissals or reductions
- Defend you in court when necessary
A felony threatening charge can affect your freedom, family, and future. Don’t take chances.
Call Allan F. Friedman Criminal Lawyer now at (203) 357-5555 or complete our secure online contact form for a free, confidential consultation. We are available 24/7 to protect your rights and fight for the best possible outcome.
