California Penal Code §244.5 — Assault with a Stun Gun or Taser
PC §244.5 punishes assault with a stun gun or less-lethal taser weapon. Against a civilian, it is a wobbler — up to 1 year county jail (misdemeanor) or 16 months, 2, or 3 years under §1170(h) (felony). Against a peace officer or firefighter engaged in duty, §244.5(c) makes it a straight felony of 2, 3, or 4 years state prison.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault with a Stun Gun or Taser Cases in All LA County Courts
01 — Quick Facts
PC §244.5 — Assault with a Stun Gun or Taser at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §244.5 — Assault with a Stun Gun or Less-Lethal Weapon |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (civilian) / Felony (peace officer) |
| Misdemeanor Term | Up to 1 year county jail |
| Felony Term — Civilian | 16 months, 2, or 3 years (§1170(h)) |
| Felony Term — Peace Officer/Firefighter | 2, 3, or 4 years state prison |
| Strike | No |
| Probation | Available on both tracks |
| Expungeable | Yes under PC §1203.4 if probation completed and no state prison |
| Immigration | CIMT — deportable/inadmissible on felony track |
| Related Codes | PC §240 (assault), §245 (ADW), §22610 (stun-gun possession), §16780 (stun-gun definition) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §244.5?
What Is California Penal Code §244.5?
PC §244.5 Reads:
"Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. Every person who commits an assault upon a peace officer or firefighter with a stun gun or less lethal weapon, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for two, three, or four years."
— California Penal Code §244.5(b) and (c)
PC §244.5 criminalizes assault using a stun gun or 'less-lethal weapon' as defined in PC §16780 (a device designed to convey electric current disrupting nervous-system control). It sits between simple assault (§240) and assault with a deadly weapon (§245). It is a general-intent offense — the People need not prove intent to injure, only intent to commit the assault.
§244.5 vs. §245 (Assault with a Deadly Weapon)
§245 covers assault with any deadly weapon or force likely to produce great bodily injury and is a strike when charged as §245(a)(1). §244.5 carves out stun-gun assaults into a separate — and typically lower-exposure — track. Defense strategy often targets reducing a filed §245 to §244.5 to avoid strike status.
Why This Law Matters
Stun guns are legal to possess by most Californians (PC §22610), but any use against another person can immediately convert lawful possession into a §244.5 felony. LA County prosecutors file §244.5 in domestic-violence flare-ups, security-guard-vs-shoplifter confrontations, road-rage encounters, and, most severely, officer/firefighter incidents. Rubin Law, P.C. defeats §244.5 by challenging the assault element, the device classification, and identity — and pushes for §17(b) reduction on the wobbler track.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §244.5
CALCRIM 877 lists the elements the prosecution must prove.
The Defendant Committed an Assault
An unlawful attempt, coupled with a present ability, to commit a violent injury on another. The assault need not connect — attempting to deploy the stun gun is enough.
The Assault Was with a Stun Gun or Less-Lethal Weapon (§16780)
§16780 defines stun gun as any item, except a taser, used or intended to be used as an offensive or defensive weapon capable of temporarily immobilizing a person by electric current.
General Intent to Commit the Assault
The defendant must have acted willfully and known facts that would lead a reasonable person to realize the act would directly and probably result in the application of force.
Aggravator — Victim Was a Peace Officer or Firefighter on Duty
For §244.5(c) state-prison exposure, the People must prove the victim was a peace officer or firefighter engaged in duty and the defendant knew or reasonably should have known.
04 — Penalties
Penalties for PC §244.5 Assault with a Stun Gun or Taser in California
§244.5 is a wobbler against civilians and a straight felony against peace officers or firefighters.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §244.5(b) | PC §244.5(b) | Up to 1 year county jail | Summary — up to 3 years | No |
| Felony §244.5(b) | PC §244.5(b) | 16 months, 2, or 3 years (§1170(h)) | Formal — available | No |
| Felony §244.5(c) Peace Officer/Firefighter | PC §244.5(c) | 2, 3, or 4 years state prison | Formal — discretionary | No |
Sentencing Enhancements
Great Bodily Injury (PC §12022.7)
PC §12022.7
Cardiac events, burns, or fall-injuries from stun-gun deployment supporting §12022.7 add 3–6 years consecutive.
Domestic-Violence Context (PC §273.5 / §243(e)(1))
PC §273.5
Companion DV counts add batterer's program, Lautenberg firearm ban, and CLETS orders.
Great-Bodily-Injury on Elder (PC §368(b))
PC §368(b)
Elder/dependent-adult victim — added §368 exposure and immigration consequences.
Additional Consequences Beyond Prison
- CIMT on felony track — deportable and inadmissible for non-citizens
- Firearms ban 10 years (misdemeanor) or lifetime (felony) under PC §29800
- Loss of stun-gun possession privileges under PC §22610
- Employment consequences in security, healthcare, education, and law-enforcement fields
- Civil liability for battery and negligent infliction of emotional distress
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §244.5 Assault with a Stun Gun or Taser Charges
Rubin Law, P.C. defends §244.5 by attacking the assault, device classification, and identity elements.
Self-Defense / Defense of Others
Stun-gun deployment against imminent unlawful force is protected. Proportionality is met when a less-lethal option is used against a physically threatening aggressor. Rubin Law reconstructs the encounter through witnesses and video.
Justification
No Assault — Only Brandishing
Displaying a stun gun without attempting to deploy it may support PC §417.27 (brandishing a stun gun) — a misdemeanor — instead of §244.5. We push for reduction or dismissal.
No assault
Device Outside §16780
Novelty items, decorative props, inoperable units, or under-voltage devices may not meet §16780's technical definition. Expert examination defeats the device element.
Statutory
Mistaken Identity / Alibi
Chaotic scenes — parking-lot confrontations, DV incidents, or crowd events — often produce misidentification. Surveillance, phone-location, and eyewitness challenges apply.
Identity
§17(b) Reduction to Misdemeanor
On the civilian wobbler track, Rubin Law pursues §17(b) motions to reduce felony filings to misdemeanor, protecting firearm rights and immigration status.
§17(b)
Constitutional Sources
07 — Court Process
How PC §244.5 Assault with a Stun Gun or Taser Cases Move Through Los Angeles Courts
§244.5 cases follow the standard assault-track process.
- 1
Step 1 — Investigation
Body-cam, private surveillance, victim/suspect statements, medical exam for burn marks or cardiac symptoms, device seizure and testing.
- 2
Step 2 — Filing / Arraignment
Misdemeanor or felony filing depending on aggravators. Peace-officer victims trigger automatic §244.5(c) felony filing.
- 3
Step 3 — Preliminary Hearing
Felony track only. Cross-examination on device classification, present ability, and officer-duty status.
- 4
Step 4 — Discovery
Reports, video, device forensics, medical, and any prior threat/DV history.
- 5
Step 5 — Pretrial Motions
§995 dismissal, §17(b) reduction, §1538.5 suppression, Pitchess motions where officer credibility is at issue.
- 6
Step 6 — Trial
CALCRIM 877. Typically 3–5 court days.
- 7
Step 7 — Sentencing
Misdemeanor: up to 1 year jail. Felony (civilian): 16m–3y §1170(h). §244.5(c): 2–4 years state prison.
Los Angeles Courts That Handle PC §244.5 Assault with a Stun Gun or Taser Cases
§244.5 filings occur in the courthouse serving the location of the assault.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Assault with a Stun Gun or Taser Defense Attorney
Daniel S. Rubin has defended clients charged with assault with a stun gun or taser and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §244.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault with a Stun Gun or Taser Cases Throughout LA County
See our full Assault with a Stun Gun or Taser defense practice
09 — FAQs
PC §244.5 Assault with a Stun Gun or Taser Questions — Los Angeles
What is the penalty for PC §244.5?
Against a civilian, §244.5 is a wobbler — up to 1 year county jail (misdemeanor) or 16 months, 2, or 3 years under §1170(h) (felony). Against a peace officer or firefighter engaged in duty, §244.5(c) is a straight felony of 2, 3, or 4 years state prison.
Is PC §244.5 a strike?
No. §244.5 is not enumerated as a serious or violent felony under PC §1192.7 or §667.5. However, prosecutors sometimes over-file as PC §245(a)(1) — which IS a strike — and defense strategy focuses on reducing to §244.5.
Are stun guns legal to own in California?
Yes for most adults under PC §22610, subject to exceptions (felons, DV misdemeanants, addicts, minors, and mental-health prohibitees). Lawful ownership does not authorize unlawful use — any assault triggers §244.5 exposure.
How does §244.5 differ from §245 (ADW)?
§245 covers assault with any deadly weapon or force likely to cause great bodily injury and is a strike as §245(a)(1). §244.5 carves out stun-gun assaults into a separate, generally lower-exposure statute — no strike, lower prison range.
Can §244.5 be expunged?
Yes on the misdemeanor and civilian-felony tracks with probation completed. §244.5(c) state-prison sentences bar §1203.4 expungement.
Is §244.5 deportable?
On the felony track it is a crime involving moral turpitude — deportable and inadmissible. Misdemeanor exposure may also be CIMT depending on the conduct pled.
What if the stun gun did not work?
Present ability is an element of assault. A non-functional or uncharged device may defeat §244.5 and reduce the charge to attempted assault or brandishing (§417.27).
Available 24/7 — Free Consultation
Charged with Stun-Gun Assault Under PC §244.5?
§244.5 is a wobbler that escalates to state prison when the victim is a peace officer or firefighter. Rubin Law, P.C. attacks self-defense, device classification, and identity. Call (213) 723-2337.