Assault in the second degree with a firearm: Class D or C felony: One year not suspendable.

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(a) A person is guilty of assault in the second degree with a firearm when he commits assault in the second degree as provided in section 53a-60, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be found guilty of assault in the second degree and assault in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Assault in the second degree with a firearm is (1) a class D felony, or (2) if the offense resulted in serious physical injury, a class C felony, for which, in either case under subdivision (1) or subdivision (2) of this subsection, one year of the sentence imposed may not be suspended or reduced by the court.

(P.A. 75-380, S. 5; P.A. 19-132, S. 4.)

History: P.A. 19-132 amended Subsec. (b) by designating existing provision re class D felony penalty as Subdiv. (1), adding Subdiv. (2) re class C felony penalty, and making a conforming change.


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