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.
|Use of Stun Guns||Class 5 felony||
|(Colo. Rev. Stat. 18-12-106.5)|
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:
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.
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.
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.
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.
“A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.”
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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.