Assault with a Stun Gun, California Penal Code Section 244.5(b)

Assault with a stun gun, California Penal Code section 244.5(b), , whether charged as a felony or a misdemeanor, is a serious accusation that can have wide-ranging consequences, including custody time and collateral consequences, such as suspension or revocation of professional licensing. Such allegations can be particularly damaging for professionals whose reputations and livelihood could be at stake.

California Penal Code section 244.5(b), assault with a stun gun, is a wobbler, which can be charged as a felony or misdemeanor. To be found guilty of assault with a stun gun, the prosecution must prove beyond a reasonable doubt that:

1. The defendant assaulted a victim.
2. The assault was committed with a stun gun or less lethal weapon, as defined in section 12601.

California Penal Code section 244.5 describes a “stun gun” as “any item, except a less lethal weapon, as defined in Section 12601, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.”

California Penal Code section 244.5(b), states that “Every person who commits an assault upon the person of a another with a stun gun or less lethal weapon, as defined in Section 12601, shall be punished by imprisonment in a county jail for a term not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years.”

California Penal Code section 244.5(c), states that “Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 12601, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her official duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.”

California Penal Code section 244.5(d) states that “This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.” Meaning, if a defendant is charged with the specific offense, California Penal Code section 244.5(d), the defendant can still be charged, in addition to that crime, with assault, pursuant to California Penal Code section 245.

An allegation of assault with a stun gun, or any type of assault, is serious and could result in serious penalties and other consequences. If you or a family member has been charged with or is being investigated for assault with a stun gun, or any type of assault, in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of felony and misdemeanor level assaultive offenses.

For more information about all types of assault crimes, including assault with a stun gun, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (888) 334-6344 or (323) 464-6453.