I don't want to go into the specifics, but what is the worst that could happen if I mace someone (not in self defense) according to the law? It would be for the person's own good, but I have a feeling that they might sue me when the dust settled.
2007-01-11 03:42:53 · 11 answers · asked by mutterhalls 3 in Politics & Government ➔ Law Enforcement & Police
Basically, this person is a danger to herself and needs to be institutionalized. I originally intended to just go pick her up and take her home, but she will most likely not go easily.
2007-01-11 03:54:20 · update #1
If this person is a danger to herself and is of adult age then get adult protective services involved or the police.
Mace will not always subdue a person who is hyped and can actually make them more agitated. It can also have some negative side effects on people with respiratory issues - which if they had a reaction and died you would be responsible for their death. If their eyes are permanently damaged from the mace, then you could be held responsible for that. At a minimum you are dealing with potential assault charges.
There has to be a better way.
2007-01-11 03:59:45 · answer #1 · answered by Susie D 6 · 0⤊ 0⤋
Some of the details on this answer depends on what state you're in and your prior record of arrest, if any. In Florida criminal court, you'd probably be charged with an Aggravated Battery since you used a weapon other than your hand. If its the first one you'd probably be sentenced to some jail time followed by a term of probation. You might also be ordered to complete an anger management program, write a letter of apology, pay for the victim's medical costs if any, those sort of things. The victim suing you is another topic entirely and would be handled in civil court and usually ends with the attacker paying the victim large sums of money. I can't imagine why "macing" someone would be for their own good, though, and don't recommend you take this particular course of action.
2007-01-11 11:51:57 · answer #2 · answered by gothjedi 2 · 0⤊ 0⤋
I'm no lawyer, but to think logically... if you mace someone without a good reason (i.e., as in self defense), you would definitely get sued, and you will most likely lose - unless the other person had verbally provoked you or harrassed you.
How do you assume it's for the person's own good? Macing someone is good for them? How are you going to explain that to the jury?
2007-01-11 11:49:40 · answer #3 · answered by Think Richly™ 5 · 0⤊ 0⤋
first i understand how you feel i take care of people like you described so i know how they can get but you can't hold it against them. second its assault and you most likely will go to jail depending on your past history with the law and such. also a civil case will probably be filed and you will be held liable for monetary compensation to the individual you maced. the only way to avoid all this is to have an air tight self defense case where you can prove beyond a shadow of a doubt that you were in danger and feared for your safety. good luck.
2007-01-11 13:52:03 · answer #4 · answered by help me please 1 · 0⤊ 0⤋
You could be filed on for felony assault and battery, which in most states can carry up to a 5 year prison term. More in some states. It doesn't matter if it's for "the person's own good", It's almost as illegal as smacking someone with a baseball bat, only difference is pepper spray is not considered to be a deadly weapon.
2007-01-11 12:00:24 · answer #5 · answered by J P 7 · 0⤊ 0⤋
they might press charges, in which case you'll have to get an attorney or just plea...probably only some fines, community service and maybe a month or so in jail at the most.
however, if you've damaged their retinas or some craziness, they could sue you for personal injury...in which case i hope you have some kind of insurance (or are wealthy enough to pay them off) cause you're pretty screwed...good luck
2007-01-11 11:48:15 · answer #6 · answered by izaboe 5 · 0⤊ 0⤋
Well, I don't think they could make a case for "assault with a deadly weapon" But certainly "assault" "assault with intent to do bodily harm". (these are the "criminal" violations) and of course they can sue you for damages in civil court, for any amount they can get a shyster lawyer to support their claim to. Bottom line, unless you can honestly say "I feared for my safety" (that is in real self defense) I strongly recommend you not do it.
2007-01-11 11:51:23 · answer #7 · answered by hasse_john 7 · 0⤊ 0⤋
Depending on the state, but if you use the mace as an offensive weapon, the charges can be anything from simple assault to aggravated assault.
2007-01-11 12:26:32 · answer #8 · answered by tallerfella 7 · 0⤊ 0⤋
let em sue. the look on their face right b4 the mace hits em, would be worth it. good luck.
2007-01-11 11:51:17 · answer #9 · answered by thekid3477 2 · 1⤊ 0⤋
Thats assault and you could go to jail for it.
2007-01-11 11:52:50 · answer #10 · answered by Frank R 7 · 0⤊ 0⤋