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.
