What Is Assault with a Stun Gun or Taser?

Oakland stun gun and taser assault defense lawyer — Morris Law PC defending PC 244.5 weapons charges

California Penal Code § 244.5 makes assault with a stun gun or taser a serious crime, and PC § 22610 governs possession of stun guns/tasers.

While stun guns and tasers are often considered “less-lethal” weapons, California law treats their use against another person as a serious assault — chargeable as either misdemeanor or felony depending on circumstances.

Call Morris Law: (510) 824-8831 — available 24/7.

PC § 244.5 — Assault with a Stun Gun or Taser

The statute applies when a person uses a stun gun or taser to assault another. Penalties:

  • Misdemeanor: up to 1 year county jail, fines up to $1,000
  • Felony: 16 months, 2, or 3 years state prison (wobbler)
  • Against peace officer (PC § 244.5(c)): 16 months, 2, or 3 years state prison
  • Lifetime firearm prohibition (felony conviction)

PC § 22610 — Unlawful Possession of Stun Gun

Some persons are prohibited from possessing stun guns:

  • Convicted felons
  • Persons with prior assault convictions
  • Persons addicted to controlled substances
  • Persons under 16 (without parental consent)

Violation: misdemeanor, up to 1 year county jail.

Common Defenses

  • Self-defense — Reasonable use against imminent unlawful force
  • Defense of others
  • Lack of contact — Display vs. discharge distinction matters
  • Mistaken identity
  • Improper search and seizure

Related Charges

Why Oakland Clients Choose Morris Law for Stun Gun or Taser Assault Defense

Morris Law has built a reputation for aggressive, locally-focused criminal defense throughout the East Bay. When you’re facing stun gun or taser assault charges in Alameda County, the experience that matters isn’t generic — it’s specific knowledge of how cases move through the local court system.

Deep Familiarity with Alameda County Courts

Every stun gun or taser assault case in Oakland passes through Alameda County Superior Court. Misdemeanor matters are heard at the Wiley W. Manuel Courthouse at 661 Washington Street in downtown Oakland. Felony cases move to the René C. Davidson Courthouse at 1225 Fallon Street, near Lake Merritt. Federal cases — when applicable — go to the U.S. District Court for the Northern District of California. Attorney Seth Morris has appeared in all of these courtrooms hundreds of times.

Serving All of Oakland’s Neighborhoods

We represent clients from throughout Oakland — Downtown Oakland, East Oakland, West Oakland, North Oakland, Fruitvale, Rockridge, Temescal, Montclair, Lake Merritt, Jack London Square, and the Coliseum area. We also serve surrounding Alameda County cities including Alameda, Piedmont, Emeryville, San Leandro, Hayward, Fremont, Pleasanton, and Dublin.

A Practice Built on Hard Cases

Morris Law handles the full range of California criminal charges:

Strategic Bail and Pretrial Release

Many stun gun or taser assault cases involve high bail or pretrial detention. We pursue bail reduction, OR release, and pretrial diversion where available. Read more: California bail, Santa Rita Jail guide, arraignment process.

Frequently Asked Questions About Oakland Stun Gun or Taser Assault Charges

What is assault with a stun gun under California law?

PC § 244.5 makes it a crime to use a stun gun or taser against another person. Wobbler offense — chargeable as misdemeanor (up to 1 year jail) or felony (16 months to 3 years state prison). Against peace officer: automatically felony.

Can I own a stun gun in California?

Generally yes, unless you’re a prohibited person under PC § 22610 (felon, person with prior assault, addict, minor without parental consent). California allows possession but heavily regulates use. Tasers (which fire darts) are more restricted than contact stun guns.

What are the penalties for stun gun assault?

Misdemeanor: up to 1 year county jail, fines up to $1,000. Felony: 16 months, 2, or 3 years state prison. Against peace officer: 16 months to 3 years felony. Lifetime firearm prohibition for felony conviction. May trigger immigration consequences.

Is self-defense a valid defense?

Yes. California’s self-defense doctrine under PC § 197 applies to stun guns. Reasonable use against imminent unlawful force is lawful. Defense requires reasonable belief in imminent danger and proportional response.

What’s the difference between a stun gun and taser?

Stun gun: contact device requiring direct touch to deliver shock. Taser: projectile device firing darts that deliver electrical charge from distance. Both fall under PC § 244.5 for assault purposes. Possession laws differ — Tasers more regulated.

Can off-duty police be charged with stun gun assault?

Yes. Off-duty status doesn’t grant immunity. Even on-duty use can be charged when force was excessive. PC § 244.5(c) elevates assault on peace officer, but officers themselves can face charges for misuse.

Will stun gun assault affect immigration status?

Possibly. Felony PC § 244.5 may be classified as crime involving moral turpitude. Aggravated felony classification depends on sentence. Non-citizens should consult counsel.

Can the charge be reduced to simple battery?

Often yes. Reducing PC § 244.5 to simple battery (PC § 242) avoids felony exposure and removes the weapon enhancement. Defense focuses on disputing the aggravating factor or negotiating in plea bargaining.

Do private citizens need a license for tasers?

California requires no license for civilian taser possession (with prohibited person restrictions). However, some cities have additional local restrictions. Concealed carry rules don’t apply (tasers aren’t firearms). Use restrictions remain strict.

What courts handle Oakland stun gun cases?

Misdemeanor PC § 244.5 cases at Wiley W. Manuel Courthouse (661 Washington Street, Oakland). Felony cases at René C. Davidson Courthouse (1225 Fallon Street, Oakland).