What Qualifies as a Stun Gun or Taser Under California Law

A stun gun or taser is a device designed to temporarily immobilize a person by delivering an electric charge. While these tools are often carried for personal protection, using one in a threatening or unlawful manner can lead to criminal charges under PC 244.5 —especially if there was no legal justification for its use.

According to Penal Code 16780, a stun gun is defined as:

“Any item, except a less lethal weapon, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.”

There are two main types of stun devices commonly involved in these cases:

• Stun Guns: Handheld devices that require direct contact with the target to deliver an electric shock.
• Tasers: Devices that fire probes from a distance to transmit an electric charge and temporarily disable a person.

It’s important to note that the law applies to actual use, threats of use, or even attempted use of such devices in an assaultive manner.

Legal Elements of Assault with a Stun Gun – PC 244.5

To secure a conviction under Penal Code 244.5, the prosecution must prove all of the following elements beyond a reasonable doubt:

• Assault – You committed an act that, by its nature, would likely result in the application of force to another person.
• Use of a stun device – You used or attempted to use a stun gun, taser, or similar device capable of delivering an electric charge.
• Willful conduct – Your actions were intentional and not the result of an accident.
• Lack of consent – The alleged victim did not agree to be shocked or threatened.
• No legal justification – The use of force was not in lawful self-defense or defense of another person.

If any of these elements cannot be proven, the charge may not hold. A skilled defense attorney can assess the facts, challenge weaknesses in the case, and work to have the charges reduced or dismissed.

Penalties for Assault with a Stun Gun – PC 244.5

Misdemeanor Charges – PC 244.5(b)

A misdemeanor charge typically applies when the assault is directed at a civilian and does not involve serious bodily injury. If convicted:

• Jail Time: Up to 1 year in county jail
• Fines: Up to $1,000
• Probation: Summary (informal) probation may be imposed
• Criminal Record: A conviction creates a permanent record that may affect future employment, licensing, or immigration status

Felony Charges – PC 244.5(c)

The offense becomes a felony under any of the following conditions:

• The alleged victim is a peace officer or firefighter performing official duties
• The defendant has prior convictions for violent or serious felonies
• The assault caused significant bodily injury
• A deadly weapon was also involved in the incident

Felony penalties include:

• State Prison: 16 months, 2 years, or 3 years (up to 4 years for assaults on officers)
• Fines: Up to $10,000
• Formal Probation: May be available in some cases
• Strike Offense: In certain cases, this may count as a strike under California’s Three Strikes Law

Legal Defenses to Assault with a Stun Gun Charges

Self-Defense or Defense of Another

California law allows individuals to use reasonable force to protect themselves or others from imminent harm. If the stun gun or taser was used only in response to a real and immediate threat, your attorney can argue that the action was legally justified.

False Allegations

In some cases, accusations may be motivated by personal conflict, revenge, or misunderstandings. If there’s no credible evidence that a stun gun was used—or if the alleged victim’s story has inconsistencies—your attorney can challenge their credibility and pursue dismissal.

Lack of Intent

One of the required elements of assault under PC 244.5 is that the act was willful. If the device was discharged by accident, or you had no intent to apply force or threaten the victim, this may defeat the charge.

Unlawful Search or Arrest

If law enforcement officers discovered the stun gun or built the case using evidence obtained through an illegal search or unconstitutional arrest, your attorney can file a motion to suppress that may lead to key evidence being excluded—and the case being dismissed.

How a Los Angeles Criminal Defense Attorney Can Help

If you’re facing charges for assault with a stun gun or taser, you need an experienced legal advocate who knows how to intervene early, protect your rights, and challenge the prosecution’s case from the start. These cases often turn on small details—what the alleged intent was, who the device was used on, and whether self-defense or consent played a role.

An experienced defense attorney can:

• Review the evidence and identify weaknesses in the prosecution’s narrative, including exaggerated claims or lack of proof that the stun gun was used unlawfully.
• Suppress illegally obtained evidence—if law enforcement recovered the device through an unlawful search, key parts of the case may be inadmissible.
• Negotiate with prosecutors to reduce felony charges to misdemeanors, secure diversion programs, or push for case dismissal in weak cases.
• Present a strong defense in court, whether that involves asserting self-defense, showing lack of intent, or undermining the credibility of the allegations.