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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.
If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.
| Charge | Classification | Penalty |
|---|---|---|
| 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.
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.
