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Colorado Use of Stun Guns

Colorado Springs Use of Stun Guns Lawyer

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It is a Class 5 felony under C.R.S. 18-12-106.5 to knowingly and unlawfully employ a stun gun in the conduct of a crime, regardless of whether it is discharged. It carries a sentence of one to three years in state prison and/or fines ranging from $1,000 to $100,000.

Penalties for Use of Stun Guns in Colorado

Charge Classification Penalty
Use of Stun Guns Class 5 felony
  • one to three years in state prison and/or
  • $1,000 to $100,000 in fines
(Colo. Rev. Stat. 18-12-106.5)

Possible Defenses for Use of Stun Guns in Colorado

To be convicted of use of stun guns in Colorado, the prosecution must prove that you are guilty beyond a reasonable doubt.

To do so, they will have to prove the following elements:

  • You used a stun gun in the commission of a criminal offense
  • You did so knowingly and unlawfully

As with any criminal or weapon case, the facts and evidence of the case will determine the best strategies for defending against the allegations. These are a few potential defenses.

It Was Self-Defense

Evidence of another person’s aggression or perceived danger can support claims that you used a stun gun in self-defense. A criminal defense attorney can demonstrate that the stun gun was intended or used for that purpose.

The Gun Was Not Used in a Crime

A stun gun is prohibited in Colorado, but only if it is used during a crime. If the defendant can prove they did not commit the offense or did not use the stun gun to commit the crime, it is a strong defense against criminal prosecution.

It Was Not a Stun Gun

According to Colorado Revised Statute 18-12-101, a stun gun is defined as a “device that can momentarily immobilize a person by applying an electrical charge.” You may contend that the alleged “stun gun” device did not adhere to the requirements for being a stun gun. You could also argue that the stun gun was not a working gun so there could be no possibility of it being capable of applying an electric charge.

Colorado Revised Statutes, C.R.S 18-12-106.5:

“A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.”

Have You Been Charged or Arrested for Using a Stun Gun in Colorado Springs or El Paso County?

No one wants to suffer penalties and serve time. If you’re charged with using a stun gun in Colorado, you should seek the assistance of a qualified criminal defense lawyer.

Our attorneys at Right Law Group have a wealth of knowledge in this field of law. We understand how to navigate the complex legal system and provide convincing evidence to a judge or jury. Contact our law offices if you are near Colorado Springs or El Paso County. We’ll fight to keep you free.

 

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

Is it illegal to own a stun gun in Colorado?

Only when a stun gun, also known as a taser, is used to commit a crime is its usage prohibited. The most typical application of a stun gun is self-defense, whether for yourself or in defense of another person. However, stun guns may not be purchased or owned by minors or anyone under 18.

Do I need a background check or permit for a stun gun in Colorado?

There is no background check requirement in Colorado to purchase a stun gun, and you don’t need a special license to own one. The concealed carry of stun guns is also legal without a permit, unlike concealed handguns in Colorado.

Is three years the maximum sentence for a stun gun charge in Colorado?

Not necessarily. Stun gun charges are frequently coupled with other, more severe felonies since they are filed when criminal conduct has been committed. The sentence may be extended by several years in jail and include additional penalties if other crimes are involved.