Connecticut General Statutes Section 53a-19 is the state's primary self-defense statute. It establishes when a person may lawfully use physical force -- including deadly force -- to defend themselves or a third person from an attack or threatened attack.[1]
Reasonable Physical Force (Subsection a)
Under subsection (a), 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 key standard is reasonableness. The force used must be proportional to the threat perceived. A person who faces a shove, for example, may not respond with a weapon. The statute requires both a subjective belief that force is necessary and that the belief be objectively reasonable under the circumstances.
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. "Great bodily harm" refers to injuries that create a substantial risk of death or cause serious, permanent disfigurement or impairment of bodily function.
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 acting pursuant to CGS 53a-22
- Surrendering 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 at the time.[2] This is the statutory basis of Connecticut's Castle Doctrine.
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 self-defense with non-deadly force is permitted whenever a reasonable person would believe force is necessary to counter an attack. Deadly force, however, carries significantly higher legal scrutiny. Outside the home and workplace, a person must attempt to retreat before resorting to deadly force. 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.[3]