Self Defense in CT: An Introduction
A basic principle of the law of self defense is that you have a right to use a reasonable amount of physical force to protect yourself and others when you face an imminent and unlawful use of force from another person. Self defense is not a license to use deadly force in all situations. The law of self defense does not allow the use of force if the situation permits you to retreat without imminent danger to yourself or others.
Self defense laws in Connecticut are based on common law, which is derived from judicial decisions as opposed to statutes. The CT Supreme Court and Appellate Court have opined on self defense issues based on cases that appear in the decisions from juries and judges.
When it comes to self defense the law in Connecticut states that you must not only have faced an imminent use of physical force but also that the force you used was necessary and reasonable. The law has established these concepts and have made it illegal to use self defense if what you did was excessive or unreasonable. Therefore, someone who uses more force than he/she faced is not entitled to a legal defense to an assault charge, manslaughter charge, etc.
To establish the key elements of self defense you would first have to show that you faced the imminent use of physical force. To prove this element, the prosecution must establish that the other person was about to use the force before you. The mere fact that you believed you were facing this use of force is not sufficient .
Another element of self defense is that you must show that you faced the imminent use of deadly physical force. You would have to show that you had a reasonable fear that your life was in danger or that you were facing serious physical injuries. This element is the case when the act you were facing was likely to cause death or serious bodily harm.
Beyond these two key elements of self defense in a traditional sense, there is also something called the "stand your ground" law in Connecticut. When it comes to self defense, you have no duty to retreat. You therefore have the right to stay and conduct yourself in a way that is reasonable when it comes to self defense. That means that you have a right to confront any threats you face without having to try to avoid the situation. A lot of times within criminal law cases involving these circumstances, you will see the victim either trying to mediate a situation or leave the situation before anything escalates into what may qualify as self defense.
The law of self defense can change based on the circumstances, for example whether it’s a child or an adult, and whether the person using the self defense is an adult or a child. The juvenile court system in Connecticut diverges from the adult court system. The rights of parents and children, as well as what the law says about a child’s use of self defense, are not always the same as the same issues for an adult.
The ‘Castle Doctrine’ Explained
When it comes to self-defense in Connecticut, one of the key elements is the "Castle Doctrine." When you are in your home, no matter where you are in the State of Connecticut, the law of the land is somewhat different than it is if you are outside the home.
In fact, the law is a friendly one, in that if you are in your own home you are legally entitled to "stand your ground", regardless of whether you could have fled the home to get safety, or called the police for help, etc. This "stand your ground" or "no-duty-to-retreat" aspect of the law makes it such that you may use deadly physical force against another person. Of course, these rules do not give you the right to shoot, stab, or bludgeon to death an unarmed person who has simply broken into your home, but simply drawn gun on you, or knocked you down and punched you in the face. The facts of the circumstances are still critical, as a jury or trial judge will determine whether you acted with "reasonable" force on the part of the Commonwealth of Connecticut. Connecticut has outlined a specific set of accommodations for the common and practical knowledge of what people may reasonably be expected to do if an undesirable force were to enter their home or business.
Stand Your Ground or Duty to Retreat?
The difference between "Stand Your Ground" laws and the "Duty to Retreat" ultimately comes down to where you can use force to defend yourself. The self defense laws have two components: (1) the "duty to retreat" and (2) the "Castle Doctrine." In Connecticut, unless you have a limited permit to carry a gun or are in your own home, the law tells you that you have a duty to retreat if you have an opportunity to do so.
"Stand Your Ground" laws eliminate the duty to retreat before using force in self defense. Connecticut is not a "stand your ground" state. For example, suppose you had a gun and an attempted robber approaches you, yells some threats and then backs off to see what you will do. As long as he was at a safe distance, and you had an opportunity to retreat to a safe place, assuming you did not have a gun permit or were not in your own home at the time, you would be obligated to retreat. For example, if he approaches from the front while you are facing him, and you can easily back away.
"Castle Doctrine" laws eliminate the duty to retreat when force is used inside of a person’s home. Connecticut has a full version of Castle Doctrine. This means that inside of your own home you have no duty to retreat before using force in self defense, such as pointing a gun at an intruder.
Your Protections and Prohibitions
The law in Connecticut, as in most states, has been built around the necessity of providing protections to individuals acting in self defense. Therefore, use of force is authorized under certain circumstances. However, it is not a blanket authorization that permits an individual to act in any way they choose without having a duty to prove that their force was reasonable.
As for legal protections, outside of certain limitations that we will get to below, the law protects against prosecution if a person uses reasonable and non-deadly physical force to defend themselves or another person from the use or imminent use of physical force by another person. A person can also use deadly physical force in these same situations provided they reasonably believe that such an action is necessary to defend themself or another person from that imminent use of deadly physical force.
On the other hand, there are limits on the use of non-deadly and deadly physical force. For example, when one person is threatened with force by another, the law requires them to do the following: In addition, if the person using force knows that they can avoid the need to use that force by retreating, they must be able to show that all of the prior conditions exist and that the justification for their actions was, in fact, true. However, the law does exempt a person from the duty to retreat when they are: There also are additional restrictions if the use of physical force is against a law enforcement officer when that officer is acting in the course of their duties. In any of these situations, a person loses the protection of the law if they were using force knowing the person was a police officer.
Self Defense and Criminal Offenses
Criminal Charges if Self Defense is Not a Viable Argument Under CT Law
Should you be able to successfully argue that you were acting in self-defense during a physical altercation, then the charges that may have otherwise been brought against you will likely be dismissed. If, however, you are unsuccessful in your argument of acting in self-defense, you will be facing criminal charges, which can include the following:
Assault: Charges of assault in Connecticut include the following:
A Class A Misdemeanor – inflicting physical injury on another person due to unauthorized use of lethal or nonlethal force.
A Class D Felony – inflicting physical injury on another person who is a protected class such as the elderly, disabled, expectant mother or any employee of the state, a hospital or a school.
An A Felony – if your actions include intentionally causing serious physical injury to someone else.
Trespassing – this is a Class A misdemeanor if it involves unauthorized entry into someone else’s house or apartment with the intention of causing physical harm to the occupant. This is a Class D felony if you purposely enter their home with the intent of injuring the protected class.
Unlawful Restraint – this is a Class A misdemeanor if , without legal right, you restrain someone else’s physical freedom or restrict their ability to move their body. This becomes a Class D felony if someone who is a member of the protected class is restrained.
Threatening and/or Stalking – this is a Class A misdemeanor if you intentionally put someone else in reasonable belief that physical harm will come to them. The stalking charge is a felony if you follow someone for the purpose of sexual gratification or inflict harm.
Unlawful Imprisonment – this is a Class A misdemeanor if you intentionally hold someone else against their will by restricting or overbearing their physical freedom. This is a Class D felony if you hinder the protected class.
If you’ve been charged with assault, stalking, trespassing or otherwise harmed someone else, it’s recommended that you contact a CT defense attorney.
How Does This Affect Civil Liability?
While self-defense laws cover criminal matters, the defendant could also face civil liability for the use of force. This could involve a lawsuit brought either by the attacker or by a dependant of the attacker, such as a family member. If you used force against someone who posed a real threat to you in a fight, you are often justified in your actions under Connecticut’s self-defense laws. However, even if the police and the courts believe you were just defending yourself, you could end up facing liability in a civil case.
If an attacker comes at you in your own home, causing you to fear for your life, you may be able to legally stop them with whatever force is necessary to protect yourself—but that doesn’t protect you from civil action. For example, if the intruder is just breaking into your home to steal from you, and you badly injure them and put them in the hospital, you could still be sued for those injuries.
Such attacks must be reasonable for you to be held liable for them. If a reasonable person would consider it a defensive move, you’ll probably be okay. But if a reasonable person would view your actions as a retaliation rather than a defense, you could be facing the strong likelihood of a civil lawsuit.
Connecticut is an "American Rule" state. This means that parties to a lawsuit are generally required to pay for their own litigation costs, regardless of whether or not they win the case. There are some exceptions to this rule, in which parties may be required to pay for the other parties’ litigation costs, but generally speaking, a party who wins does so without having to pay their successful opponents’ claims. In other states following the "English Rule," the loser is required to pay the other side’s litigation costs.
If you need an attorney to represent you in a self-defense case, it’s probably worth getting a lawyer to help you navigate through the process.
Review of New Cases and Examples
In the years leading up to and including 2021, Connecticut Courts have reviewed cases ranging from a bar fight to self-defense claims arising from one home intruder killing another at a house party. In State v. Makowicki, the defendant was involved in a barroom fight, during which he threw the first punch. The defendant testified at trial that when he threw the first punch, he saw the man across the room "cock back" to throw his own punch, causing the defendant to punch him first in self-defense. The state argued that the defendant was the initial aggressor and not entitled to a self-defense instruction. The court disagreed with the state’s argument and upheld the defendant’s conviction.
Since Makowicki, in State v. Muhammad, the Appellate Court upheld an aggravated assault conviction against a defendant who used a deadly weapon in self-defense. The defendant testified that he pulled a gun out after he and the victim fell to the floor and tried to get up at the same time. The defendant then stated that the victim reached for something. The defendant shot and killed the victim. The state argued that the defendant "lost the right to act in self-defense." The Appellate Court disagreed. The court affirmed the defendant’s conviction for the second-time in six months, rejecting the State’s argument in footnote 10: "if a defendant is the initial aggressor, he has lost his right of self-defense ‘unless the person against whom he unlawfully uses physical force has once more made himself free from his attack or has clearly essayed to abandon his intention or has clearly essayed [to] withdraw from the scene or has clearly abandoned his intention to continue his assault."
A related decision, State v. Mendez, releases a defendant from his conviction for murdering his pregnant wife after he allegedly shot her in self-defense in their home. The defendant testified at trial that he tried to put his firearm down on the kitchen table, but the gun accidentally discharged, killing his wife. In an interview with the police, the defendant alleged that his wife came at him from behind and that he shot her only because he was so frightened. He stated that he did not know he was holding the gun when it went off. The State argued that the defendant caused his wife’s death recklessly. The court disagreed, and found that a jury could find that the defendant acted in self-defense. The court reversed the defendant’s conviction.
Conclusion: Navigating Self Defense
In conclusion, while there are many nuances to the laws surrounding self defense in Connecticut, there are some key points to keep in mind: The application of these rules is heavily fact-specific . Because there are many nuances to Connecticut self defense laws, it is imperative that anyone facing a self-defense related criminal charge or considering a self-defense strategy related to any type of civil action, consult with a criminal defense attorney as soon as possible. There is no substitute to having a legal professional from the area with knowledge of the law and experience handling such cases.
