Can Using a Taser for Self-Defense Get Me Arrested?

The popularity of taser devices – both for personal use and use by law enforcement – is understandable. The urge to protect oneself, loved ones, and vulnerable persons is primal. Yet, discharging a firearm in self-defense or the defense of others can lead to the death of someone who is posing as a threat. Using a taser in self-defense can potentially serve as a safer defensive alternative to guns. And yet, it is not always lawful to use a taser in self-defense. Doing so in Pennsylvania and elsewhere could even lead to your arrest.

If you or a loved one has acted to protect yourself or others and an arrest has occurred as a result of this conduct, it may be possible to successfully argue an affirmative approach of self-defense. Talk to us about your case today by calling 888-535-3686 or by contacting the LLF Law Firm online so that we can start building a strong defense on your behalf immediately.

When You Can – and Can’t – Use a Taser in Self-Defense in Pennsylvania

When a woman in Punxsutawney – described by law enforcement officers as “in extreme fear” upon their arrival – felt that she was being stalked, she called 911 and then tased her alleged stalker, who was riding a medical scooter at the time of the incident. Police reported that she repeatedly tried to get away from the man and warned him that she would tase him if he came any closer before deploying its force in self-defense. She also called 911 again after the tasing to get him medical attention. Yet, she was still charged with aggravated and simple assault, use of an incapacitating weapon, and recklessly endangering another person. Why?

Certainly, every case is unique. In this case, the fact that this woman confessed that the tasing victim did not make any verbal threats or overtly threatening gestures is notable. Using a taser or stun gun in self-defense is an act that is subject to the state’s broader self-defense restrictions. This means that only “reasonable force” may be used when utilizing a taser for the purposes of self-defense, defense of property, or defense of others. And even then, this legal protection only extends to someone acting in defense if their weapon “is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.”

Reasonable force in the contexts of self-defense and defense of others means only using force when doing so “is immediately necessary for the purpose of protecting (someone) against the use of unlawful force by such other person on the present occasion.” In the example of the Punxsutawney woman, it could be argued by a prosecutor that because the tasing victim had not made any express threats or threatening gestures, using a taser on him could not justifiably be considered immediately necessary and, therefore, a reasonable act of self-defense.

Offenses Related to the Ownership or Carrying of a Taser

It is also worth noting that you could potentially get arrested and charged with a weapons offense simply for possessing a taser if you have failed to honor the state’s restrictions concerning ownership and use of these devices more generally. In Pennsylvania, you cannot own a taser if you are under the age of 18, and you cannot carry a taser in a concealed fashion until you have reached the age of 21. You also generally cannot own or possess a taser if you are a convicted felon, and you cannot carry a taser into most government buildings, be they state, local, or federal. Breaking these rules can lead to a weapons charge, even if you don’t discharge a taser that you own, possess, or are otherwise carrying.

Legal Assistance Is Available

While Pennsylvania law does restrict the use of tasers for the purposes of self-defense, it is sometimes lawful to engage in this exact conduct. If you or a loved one has utilized a taser and has been charged with wrongdoing accordingly, it’s time to speak with the respected Criminal Defense Team at the LLF Law Firm. Our Pennsylvania-wide practice is highly-regarded for its strong client advocacy and savvy approach.

Tell us about your case today by calling 888-535-3686 or by contacting us online to start building a strong, personalized defense strategy. We look forward to hearing from you.