Threatening in the 2nd Degree in CT: Penalties and Family Violence

Threatening in the second degree in CT is a Class A misdemeanor under Connecticut General Statutes § 53a-62, punishable by up to 364 days in jail and a $2,000 fine. The statute covers two different kinds of conduct: a physical threat that puts someone in fear of imminent serious injury, and a verbal threat to commit any crime of violence made with intent to terrorize. When the person threatened is a family or household member, the case picks up a family violence designation that brings a protective order at your first court appearance and can carry federal firearms and immigration consequences long after the case closes.

What Counts as Threatening in the Second Degree

Section 53a-62 gives prosecutors two separate paths to this charge, and each has its own elements.

The first path is a physical threat. If you intentionally place, or try to place, another person in fear of imminent serious physical injury through a physical threat, that alone is enough. “Serious physical injury” means an injury that creates a substantial risk of death, or causes serious disfigurement or serious impairment of health or organ function. The word “imminent” matters. The fear has to be of harm about to happen now, not something you might do next week. A vague reference to future harm usually does not satisfy this element.

The second path covers threats to commit any crime of violence. No physical gesture is required. Words alone can be enough. The state must show that you either intended to terrorize the other person, or acted with reckless disregard for the risk of causing that terror. Police often charge under this prong when someone makes a broad statement about violence that disrupts public peace, even when the speaker had no plan to act. What matters is the fear created, not the likelihood you would have carried the threat out.

A threat about a distant future event usually fails the imminence test under the first path, but it can still support the second path if the state can show intent to terrorize.

When the Charge Becomes a Felony

A provision many people don’t know about turns this misdemeanor into a Class D felony based on where the threat happens. Under subdivision (3) of § 53a-62, either type of second-degree threatening becomes a felony if the person threatened is inside or on the grounds of a house of worship, a religiously-affiliated community center, a public or private school from preschool through college, or a day care center during operational hours or while hosting religious or community activities. A Class D felony carries up to five years in prison.

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Separately, Connecticut has a first-degree threatening charge under § 53a-61aa. It is a different offense, not a more serious version of the same facts. First-degree covers threats involving a hazardous substance, threats intended to force a building evacuation, and second-degree threatening conduct committed while armed with, displaying, or claiming to possess a firearm.

Jail Time, Fines, and Probation

Class A is the most serious misdemeanor category in Connecticut. The maximum jail sentence is 364 days. That odd number is deliberate. A 2021 amendment to § 53a-36a dropped the ceiling from one full year to 364 days, a one-day difference with significant immigration consequences discussed below.

A judge can also impose a fine of up to $2,000, on top of court costs, legal fees, and any restitution ordered for the victim.

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Probation is common, either in place of jail or alongside a suspended sentence. The standard probation term for a Class A misdemeanor runs up to two years, with judicial discretion to extend to three years. Conditions typically include regular check-ins with a probation officer, possible substance abuse treatment, anger management, community service, and strict compliance with any protective order. A violation can bring the suspended jail sentence back into play.

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What Happens at Arraignment in a Family Violence Case

If the person threatened is a family or household member, the case picks up a family violence designation under § 46b-38a. The statutory definition is broad: spouses and former spouses, parents and children, anyone related by blood or marriage, current and former cohabitants, people who share a child whether or not they ever lived together, and people in or recently in a dating relationship.

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The designation itself is not a separate crime, but it changes how the case moves. At arraignment, which is the defendant’s first court appearance, the judge issues a criminal protective order. That order stays in place for the entire life of the case, which can mean many months, sometimes more than a year.

Under § 46b-38c, the court has broad discretion to tailor the order. In practice, Connecticut courts issue three common levels:

A full no-contact order barring all communication, including calls, texts, email, social media, and contact through third parties.
A residential stay-away order that adds a requirement to keep away from the victim’s home and workplace.
A partial order allowing peaceful contact but prohibiting any threatening, harassing, or intimidating behavior.

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If you and the alleged victim share a home, a full no-contact or stay-away order will push you out of the residence, often with little time to collect belongings or make arrangements. This is one of the most immediate consequences of the arrest, and it happens well before any finding of guilt.

Violating the Protective Order Is a Felony

Violating the order is a separate crime under § 53a-223. It’s a Class D felony on its own, carrying up to five years. If the violation involves threatening, harassing, or assaulting the protected person, it jumps to a Class C felony with up to ten years. A single prohibited text can be enough. Officers typically arrest on sight when a violation is reported.

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Programs That Can End the Case Without a Conviction

Connecticut has two pretrial diversionary programs that can lead to dismissal. Which one applies depends on whether the case carries a family violence designation.

Family Violence Education Program

FVEP under § 46b-38c is the designated track for family violence cases. You apply to the court, and the judge decides whether to grant it. Eligibility requires no prior conviction for a family violence crime committed on or after October 1, 1986, no prior FVEP participation, and no prior use of accelerated rehabilitation for a family violence crime after that date. The current charge cannot be a Class A, B, or C felony; Class D felonies require a showing of good cause.

If granted, you’re placed with the family violence intervention unit for a period set by the court, up to two years. The program covers family violence law and the applicable penalties. The victim gets notice of the application and an opportunity to be heard. Complete the program and comply with the conditions, and the charge can be dismissed. Fail to participate or violate conditions, and the case returns for prosecution.

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Accelerated Rehabilitation

For a threatening case with no family violence designation, accelerated rehabilitation under § 54-56e may be available. The program is for offenses the court determines are “not of a serious nature,” and generally requires no prior conviction, with limited exceptions for prior program participation more than ten years earlier. The application fee is $35.

One trap to know: if you’re charged with a family violence crime and you’re eligible for FVEP, you cannot substitute accelerated rehabilitation. The statute specifically bars it. Family violence defendants are funneled toward FVEP and its own timeline.

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Consequences That Outlast the Case

Federal Firearms Ban

A conviction for second-degree threatening with a family violence designation can trigger a lifetime federal firearms ban under 18 U.S.C. § 922(g)(9). Federal law bars anyone convicted of a “misdemeanor crime of domestic violence” from possessing, shipping, or receiving any firearm or ammunition. There is no expiration unless the conviction is expunged or a pardon expressly restores firearm rights. A violation carries up to ten years in federal prison.

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Whether a specific Connecticut conviction qualifies depends on whether the offense involved the use or threatened use of physical force against someone in a qualifying domestic relationship. For many family-violence-designated threatening cases, the answer is yes. State courts don’t always flag this during plea proceedings, so if you own firearms or work in a field that requires carrying one, raise it with your lawyer before any plea.

Immigration

For non-citizens, a conviction with a family violence connection can be devastating. Under 8 U.S.C. § 1227(a)(2)(E), any non-citizen convicted after admission of a crime of domestic violence is deportable. The federal definition covers crimes of violence against a current or former spouse, cohabitant, co-parent, or any person protected under domestic or family violence laws. Violating a protective order can be an independent ground for removal even without a conviction on the underlying charge. Immigration courts may also treat threatening offenses as crimes involving moral turpitude, which creates additional problems for re-entry, visas, and adjustment of status.

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The 2021 reduction of the maximum misdemeanor sentence to 364 days was driven in part by federal immigration law, where a sentence of one year or more can trigger “aggravated felony” treatment regardless of state classification. The 364-day cap avoids that particular cliff, but it does not eliminate deportability for domestic violence or moral turpitude. If you are not a U.S. citizen, consult an immigration attorney before accepting any plea on a threatening charge.

Record Erasure

A conviction shows up on background checks for jobs, housing, and professional licensing. For people in healthcare, education, law enforcement, or any licensed field, even a misdemeanor can prompt a licensing board review.

Connecticut’s Clean Slate law provides for automatic erasure of misdemeanor records seven years after the most recent conviction, provided all incarceration, probation, and parole have been completed and there are no pending Connecticut charges. If the enhanced Class D felony version applied, the timeline stretches to ten years. State erasure cleans up state-level background checks, but it does not automatically undo the federal firearms ban or the immigration consequences above unless the erasure meets specific federal standards for expungement, which it may not.

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1
Justia. Connecticut Code 53a-62 – Threatening in the Second Degree: Class A Misdemeanor or Class D Felony
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Justia. Connecticut Code 53a-35a – Imprisonment for Any Felony Committed on or After July 1, 1981
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Justia. Connecticut Code 53a-36a – Imprisonment Term for Misdemeanor
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Justia. Connecticut Code 53a-42 – Fines for Misdemeanors
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FindLaw. Connecticut Code 53a-29 – Sentence of Probation
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Justia. Connecticut Code 46b-38a – Family Violence Prevention and Response: Definitions
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Justia. Connecticut Code 46b-38c – Family Violence Prevention and Response
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Justia. Connecticut Code 53a-223 – Criminal Violation of a Protective Order: Class D or Class C Felony
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Justia. Connecticut Code 54-56e – Pretrial Program for Accelerated Rehabilitation
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Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
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Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
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Justia. Connecticut Code 54-142a – Erasure of Criminal Records