Assault with a Stun Gun - California Penal Code 244.5 PC

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Strong Legal Representation for PC 244.5 Charges in California

A charge under Penal Code 244.5 pc catches many defendants off guard because stun guns occupy a complicated legal position in California — they are legal to own and carry for most adults yet using one in an assault is a serious criminal offense that can be filed as a misdemeanor or a felony. If you have been charged with assault with a stun gun you need a criminal defense attorney who understands both the legal status of the device and the specific elements the prosecution must establish to secure a conviction. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against assault and weapons charges throughout Los Angeles County. Attorney Hashemi will personally review the facts of your case, analyze the evidence, and explain every defense available to you. Contact our office today at (310) 448-1529 for a free confidential consultation.

Assault with a Stun Gun Under California Law

Penal Code 244.5 makes it a crime to commit an assault upon another person with a stun gun or taser. The statute applies to both commercially manufactured devices and homemade or modified electrical stunning devices. Like other assault charges under PC 245 this offense does not require that the alleged victim was actually struck or injured. The prosecution must prove the defendant committed an act with a stun gun that would directly and probably result in the application of force to another person and that the defendant had the present ability to apply that force.

Are Stun Guns Legal in California?

Understanding california stun gun laws is essential context for any PC 244.5 defense. Stun guns are legal to purchase, own, and carry in California for most adults under Penal Code 22610. There are specific restrictions — convicted felons, people convicted of assault or battery, narcotic drug addicts, and minors under 16 are prohibited from possessing stun guns. Outside of those categories a person can legally carry a stun gun without a permit.

The legal status of the device is what makes these charges distinctive. A defendant who lawfully owned and carried a stun gun can still be charged with a serious felony based solely on how they used it during a confrontation. The legality of possession does not provide a defense to the assault charge when the device was used in a manner likely to cause injury to another person.

Elements of a PC 244.5 Charge

To secure a conviction the prosecution must establish beyond a reasonable doubt:

  • The defendant committed an act with a stun gun that would directly and probably result in the application of force to another person
  • The defendant did the act willfully
  • The defendant was aware of facts that would lead a reasonable person to realize the act would directly and probably result in force being applied
  • The defendant had the present ability to apply force with the stun gun

The present ability element is the most frequently contested in stun gun assault cases. When the device was not operational, when the defendant was too far away to reach the alleged victim, or when the circumstances do not establish that force could actually have been applied the charge cannot be sustained.

Penalties for a PC 244.5 Conviction in California

Penal Code 244.5 is a wobbler. The District Attorney decides whether to file it as a misdemeanor or a felony based on the circumstances of the alleged assault, any injuries that resulted, and the defendant’s prior criminal history.

A misdemeanor conviction carries up to one year in county jail and fines up to $1,000. A felony conviction carries 16 months, 2 years, or 3 years in state prison and fines up to $10,000. When the alleged victim was a peace officer engaged in the performance of their duties the charge is elevated and felony treatment is virtually certain. All felony convictions result in the permanent loss of firearm rights, a permanent criminal record, and for non-citizens potential deportation proceedings.

Legal Defenses Against PC 244.5 Charges

Self-Defense

When the defendant used the stun gun to protect themselves or another person from imminent harm self-defense is a complete defense. Stun guns are frequently carried specifically for personal protection and many charges arise from situations where the defendant deployed the device in response to a genuine threat. Our criminal defense attorney builds the self-defense argument through the defendant’s account, the physical circumstances of the confrontation, and any evidence that the alleged victim was the initial aggressor or posed a genuine threat of harm.

No Present Ability to Apply Force

When the stun gun was not operational at the time of the alleged assault or when the physical circumstances made it impossible to apply force the present ability element cannot be established. Our criminal defense attorney examines the operational status of the device and the physical circumstances of the incident in every case where this element is in question.

The Conduct Was Not Willful

An accidental activation of a stun gun or contact that occurred without intent does not satisfy the willfulness element. When the device discharged accidentally or when the contact was not the result of a deliberate act our criminal defense attorney presents that evidence directly to challenge the willfulness element the prosecution must prove.

False Accusation

Many stun gun assault charges arise from heated confrontations where the alleged victim characterizes a defensive or accidental act as an intentional assault. Our criminal defense attorney investigates the full circumstances of the incident, any prior relationship between the parties, and any motive the alleged victim had to exaggerate or fabricate the account.

Contact a Los Angeles Defense Attorney 

Attorney Arash Hashemi has defended clients against assault and weapons charges throughout Los Angeles County for over 20 years. When you contact our office he will review the facts of your arrest, analyze the stun gun laws applicable to your case, evaluate every defense available, and give you an honest assessment of your options including misdemeanor treatment or dismissal. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing assault and weapons charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.