(a) A person is guilty of assault in the third degree when: (1) With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or (2) he recklessly causes serious physical injury to another person; or (3) with criminal negligence, he causes physical injury to another person by means of a deadly weapon, a dangerous instrument or an electronic defense weapon.
(b) Assault in the third degree is a class A misdemeanor and any person found guilty under subdivision (3) of subsection (a) of this section shall be sentenced to a term of imprisonment of one year which may not be suspended or reduced.
(1969, P.A. 828, S. 62; P.A. 86-287, S. 3; P.A. 92-260, S. 30.)
History: P.A. 86-287 amended Subsec. (a) to add reference to electronic defense weapons; P.A. 92-260 amended Subsec. (b) by adding provision re one-year mandatory nonsuspendable sentence for conviction under Subsec. (a)(3) to reflect preexisting sentencing requirement of Sec. 53a-36(1).
See Sec. 53a-36 re mandatory nonsuspendable sentence for conviction under Subdiv. (3) of Subsec. (a).
Cited. 170 C. 162; 171 C. 264; 173 C. 254; 184 C. 157; 189 C. 1; 190 C. 428; 194 C. 347; Id., 408; 196 C. 430; 198 C. 190; 200 C. 544; 202 C. 520; Id., 629; 205 C. 352; 209 C. 23; Id., 52; 222 C. 299; Id., 331; 227 C. 677; 228 C. 487; Id., 582; 233 C. 813; 234 C. 78.
Cited. 1 CA 697; 5 CA 590; 6 CA 189; 8 CA 545; 9 CA 59; Id., 631; judgment reversed, see 205 C. 352; 11 CA 499; 12 CA 221; Id., 585; 13 CA 708; 14 CA 526; 17 CA 234; 20 CA 6; Id., 75; 21 CA 411; 24 CA 57; Id., 556; 25 CA 421; judgment reversed, see 222 C. 299; Id., 472; 26 CA 157; Id., 439; 27 CA 786; 28 CA 581; judgment reversed, see 226 C. 601; 29 CA 524; Id., 683; 30 CA 346; 31 CA 497; 35 CA 107; 36 CA 106; judgment reversed, see 234 C. 78; 37 CA 338; Id., 733; 39 CA 810; 40 CA 805; 41 CA 47; 42 CA 810; 43 CA 76; 45 CA 282; 46 CA 131.
Cited. 37 CS 664; 39 CS 347; 41 CS 505.
Subsec. (a):
Cited. 177 C. 248; 180 C. 167; Id., 557; 182 C. 353; 184 C. 366; 185 C. 63; 189 C. 114; 193 C. 48; 194 C. 119; 195 C. 232; 197 C. 115; 198 C. 147; 206 C. 40; Id., 657; 210 C. 110; 211 C. 672; 219 C. 160; 220 C. 487; 222 C. 444; 223 C. 41; 224 C. 397; 225 C. 519. Judgment of Appellate Court in 28 CA 581 reversed. 226 C. 601. Cited. 228 C. 610. Subdiv. (2) is lesser included offense of Sec. 53a-59(a)(3), and court's refusal to grant related jury instruction constituted harmful error. 289 C. 742.
Cited. 3 CA 374; 5 CA 40; 6 CA 407; 7 CA 27; Id., 257; 10 CA 330; Id., 709; 11 CA 102; 12 CA 655; 13 CA 386; Id., 667; 19 CA 554; 20 CA 101; 23 CA 663; 24 CA 518; 26 CA 114; Id., 259; Id., 331; 27 CA 322; Id., 322; 29 CA 704; 33 CA 126; 35 CA 51; 38 CA 193; 39 CA 419; Id., 832; 41 CA 565; 42 CA 445; Id., 768; 45 CA 591. This is not a cognizable offense and therefore not a lesser included offense of attempted assault in the first degree. 56 CA 592.
Cited. 37 CS 520. Subdiv. (2): Elements of Sec. 53a-64 are so consistent with elements of Subdiv. that the court is precluded by principles of double jeopardy from entering a finding of guilty as to both charges; defendant's recklessly placing his hands around victim's throat and causing her to lose consciousness for a brief period of time constituted “serious physical injury”. 46 CS 130. It is possible to prove assault in the third degree without necessarily proving risk of injury pursuant to Sec. 53-21(a), so assault in the third degree and risk of injury do not stand in relationship to each other as greater and lesser offenses. 48 CS 610.
Notes of Decisions
Cited in
427
cases (
45 in the last 5 years), 1976–2025 · leading case:
State v. Jones, 961 A.2d 322 (Conn. 2008).
State v. Jones, 961 A.2d 322 (Conn. 2008).
· cites it 21× “The defendant claims that reversal is required because the trial court improperly (1) permitted the jury to consider the charge of first degree reckless assault under count two of the information after it had found him not guilty of the lesser included offense of assault in the…”
State v. Reid, 894 A.2d 963 (Conn. 2006).
· cites it 10× “" [4] General Statutes § 53a-61 (a) provides: "A person is guilty of assault in the third degree when: (1) With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or (2) he recklessly causes serious physical injury to…”
State v. Winot, 988 A.2d 188 (Conn. 2010).
· cites it 8× “See General Statutes §§ 53a-61 (a) (1) and 53a-181 (a) (2).”
State v. Kirby, 908 A.2d 506 (Conn. 2006).
· cites it 5× “The defendant, Russell Kirby, appeals 2 from the judgment of conviction, rendered after a jury trial, of one count of kidnapping in the second degree in violation of General Statutes § 53a-94, 3 and one count of assault in the third degree in violation of General Statutes §…”
State v. Fabricatore, 915 A.2d 872 (Conn. 2007).
· cites it 5× “The defendant, Angelo Fabricatore, appeals, following our grant of certification, 1 from the judgment of the Appellate Court affirming the trial court’s judgment of conviction, 2 rendered after a jury trial, of assault in the third degree in violation of General Statutes §…”
State v. Ovechka, 975 A.2d 1 (Conn. 2009).
· cites it 8× ““On July 23, 2003, the defendant was charged in an information 7 with assault in the third degree in violation of General Statutes § 53a-61 (a) (1) and breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (1), both in connection with an…”
State v. Tanzella, 628 A.2d 973 (Conn. 1993).
· cites it 11× “Tanzella, was convicted after a jury trial of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70, 2 and one count each of assault in the third degree in violation of General Statutes § 53a-61 (a) (1), 3 threatening *603 in violation of…”
State v. Smith, 441 A.2d 84 (Conn. 1981).
· cites it 8× “B The court erred when it refused the defendant’s request to instruct the jury that if they did not find the defendant guilty of the crimes charged or of certain lesser included offenses they could consider finding him guilty of the lesser included offenses of criminally…”
State v. Ayala, 153 A.3d 588 (Conn. 2017).
· cites it 5× “First, the information had charged the defendant with assault in the third degree in violation of General Statutes § 53a-61 (a) (2), alleging that he recklessly caused serious physical injury to another person.”
State v. Pauling, 925 A.2d 1200 (Conn. App. Ct. 2007).
· cites it 6× “The defendant, Anthony Pauling, appeals from the judgment of conviction rendered after a jury trial, of unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), assault in the third degree in violation of General Statutes § 53a-61 (a) (1), failure to…”
State v. Fernandez, 496 A.2d 533 (Conn. App. Ct. 1985).
· cites it 14× “The state claims that the jury could not have found that the defendant recklessly caused serious physical injury because their verdict of assault in the second degree under General Statutes § 53a-60 (a) (1) indicated that physical injury was caused by a dangerous instrument.”
Bunkley v. Comm'r of Corr., 610 A.2d 598 (Conn. 1992).
· cites it 4× “4 The petitioner’s claims arise out of the direct appeal of his conviction of three counts of manslaughter in the second degree in violation of General Statutes § 53a-56 (a) (1), and two counts of assault in the third degree in violation of General Statutes § 53a-61 (a) (2). 5…”
— Conn. Gen. Stat. § 53a-61(a) — 13 cases
State v. Winot, 988 A.2d 188 (Conn. 2010).
“See General Statutes §§ 53a-61 (a) (1) and 53a-181 (a) (2).”
— Conn. Gen. Stat. § 53a-61(a)(1) — 15 cases
State v. Ovechka, 975 A.2d 1 (Conn. 2009).
““On July 23, 2003, the defendant was charged in an information 7 with assault in the third degree in violation of General Statutes § 53a-61 (a) (1) and breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (1), both in connection with an…”
State v. Winot, 988 A.2d 188 (Conn. 2010).
“See General Statutes §§ 53a-61 (a) (1) and 53a-181 (a) (2).”
— Conn. Gen. Stat. § 53a-61(a)(2) — 3 cases
State v. Ayala, 153 A.3d 588 (Conn. 2017).
“First, the information had charged the defendant with assault in the third degree in violation of General Statutes § 53a-61 (a) (2), alleging that he recklessly caused serious physical injury to another person.”
— Conn. Gen. Stat. § 53a-61(a)(3) — 1 case
— Conn. Gen. Stat. § 53a-61(a)(l) — 3 cases
— Conn. Gen. Stat. § 53a-61(b) — 1 case
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