CGS 53a-19:
Use of Force in Defense of Person

Connecticut General Statutes Section 53a-19 governs the use of physical force in defense of person. It sets out when a person is justified in using physical force, including deadly physical force, to defend themselves or a third person from what they reasonably believe to be the use or imminent use of physical force.^[1]

Reasonable Physical Force (Subsection a)

Under subsection (a), and except as provided in subsections (b) and (c), a person is justified in using reasonable physical force upon another person to defend themselves or a third person from what they reasonably believe to be the use or imminent use of physical force. The defender may use the degree of force that they reasonably believe to be necessary for that purpose.^[1]

The standard is reasonableness. Not only must the person's belief about the threat be reasonable, but the degree of force used in response must be evaluated for reasonableness as well. Connecticut courts read the statute to require both a subjective belief that force is necessary and that the belief be objectively reasonable.

When Deadly Force Is Permitted

Deadly physical force may not be used unless the actor reasonably believes that the attacker is:^[1]

• Using or about to use deadly physical force; or
• Inflicting or about to inflict great bodily harm

"Deadly physical force" in Connecticut law means force which can reasonably be expected to cause death or serious physical injury.

Duty to Retreat (Subsection b)

Subsection (b) imposes a duty to retreat before using deadly force. A person is not justified in using deadly force if they know they can avoid the necessity of using such force with complete safety by:^[1]

• Retreating, except that no retreat is required if the person is in their dwelling (as defined in CGS 53a-100) or place of work and was not the initial aggressor, or if they are a peace officer or a private person assisting such peace officer at his or her direction, and acting pursuant to CGS 53a-22
• Surrendering possession of property to a person asserting a claim of right
• Complying with a demand to abstain from performing an act they are not obligated to perform

The term "dwelling" under CGS 53a-100 means a building which is usually occupied by a person lodging therein at night, whether or not a person is actually present.^[2]

Exceptions to Justification (Subsection c)

Subsection (c) identifies three situations in which the use of physical force is not justified, even when the defender would otherwise have a valid self-defense claim:^[1]

• Provocation: The person provoked the use of force by another with the intent to cause physical injury or death
• Initial aggressor: The person was the initial aggressor, unless they withdrew from the encounter and effectively communicated their intent to do so, but the other person continued or threatened force
• Combat by agreement: The physical force was the product of a combat by agreement not specifically authorized by law (such as a mutual fight)

Practical Implications

For Connecticut residents, Section 53a-19 means that, except in the situations listed in subsection (c), a person may use reasonable physical force to defend against what he or she reasonably believes to be the use or imminent use of physical force, in the degree he or she reasonably believes to be necessary. Deadly physical force, however, is subject to the further limits in subsections (a) and (b). Outside the home and workplace, a person must retreat before resorting to deadly force if they know they can avoid the need for that force with complete safety by retreating, unless the statutory exception for a peace officer or a person assisting one applies. Firearms owners considering carrying for self-defense should understand that Connecticut courts will evaluate whether the use of deadly force was both subjectively believed to be necessary and objectively reasonable.^[1]

See also: Connecticut Duty to Retreat and Castle Doctrine