Connecticut Crimes Explained

Conn. Gen. Stat. 53a‑102a – Burglary in the Second Degree with a Firearm

James J. Ruane
James J. Ruane
Founding Partner
With over 50 years of experience in Connecticut courtrooms, Attorney Jim Ruane has been on the side of the defense for decades. He is one of a handful of attorneys that are certified in Criminal Defense in the entire state of Connecticut.

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Understanding being charged with a violation of Conn. Gen. 53a‑102a

Full Read: 2 minutes

Connecticut General Statutes 53a‑102a explained for non lawyers

  1. What the law prohibits

You commit burglary in the second degree with a firearm if you:

  1. Commit burglary in the second degree (§ 53a‑102)—meaning you unlawfully enter or stay in a dwelling (someplace people sleep) while someone else is inside, with the intent to commit a crime; and
  2. During that burglary, you either use, are armed with, threaten with, display, or act like you have a firearm (such as a pistol, rifle, shotgun, etc.).

You cannot be convicted of both burglary and this firearm-enhanced version for the same act, although you may be charged for each.

2. What the penalties are if someone is convicted

  • This is a Class C felony.
  • You must serve at least 1 year in prison, and that sentence cannot be suspended or reduced.
  • Additional time may be added up to the maximum for Class C felonies (typically 10 years) along with fines.

3. What the state has to prove to convict someone (Elements of the offense)

To get a conviction, the prosecution must prove beyond a reasonable doubt that:

  1. The defendant unlawfully entered or remained in a dwelling with intent to commit a crime, while another person was inside.
  2. While doing that burglary, they used, were armed with, threatened with, displayed, or behaved as if they had a firearm.
  3. The burglary and firearm use happened together, not in separate incidents. 

For the actual statute, you can visit Justia which has the actual law on its website.

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