2007-04-13 20:48:03 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Of course. Causing pain or injury or harming another person is an assault, and when the assault turns physical, it's battery. If the person performing those acts of aggression cannot justify them by something like self defense, then they're more than likely going to be deemed illegal by a court. But, there are always extenuating circumstances and two sides to every story. Judges get paid the big bucks to listen to both sides and make a decision as to what should be done, if anything, to the parties involved.
2007-04-13 21:36:51 · answer #1 · answered by quntmphys238 6 · 1⤊ 0⤋
In short - yes. It is an assault. Though other factors will be taken into consideration. Did the person using the pepper spray have a reasonable expectation of harm from the person who they sprayed? You might think you were just mucking around but they might have felt you intended to hurt them. If it was a police officer did you disobey a direction, "sit down", "hands behind your back" etc. Were you drunk/under the influence? The person could be charged, but you might have to consider if your behavior precipitated the event.
After all you say "no real reason" not "no reason at all"
2007-04-14 03:57:20 · answer #2 · answered by Barb Outhere 7 · 0⤊ 0⤋
Yes they can. assault is when there is an imminent apprehension of an imminent battery or when there is a attempted battery. Also, if you were sprayed you can hold that person liable for battery as well. battery is when there is an unlawful use of force against the person of another.
So, there are two issues here:
battery and assualt
2007-04-14 04:12:22 · answer #3 · answered by azi g 2 · 1⤊ 0⤋
yes...assault and battery consist of any illegal contact that causes injury...obviously pepper spray causes a temporary injury...and is criminal if used to attack as opposed to self defense.
2007-04-14 19:58:09 · answer #4 · answered by Dr. Luv 5 · 0⤊ 0⤋
Absolutely.
2007-04-14 03:50:16 · answer #5 · answered by highdesert420 2 · 1⤊ 0⤋
Pepper spray is considered a "less than lethal" weapon, so I would think so.
2007-04-14 03:50:49 · answer #6 · answered by sven 3 · 1⤊ 0⤋
yes
2007-04-14 03:50:12 · answer #7 · answered by br@ini@c 6 · 1⤊ 0⤋
yes if it was unprovoked attack sew them take them to court file a police report.
2007-04-14 03:54:04 · answer #8 · answered by Anonymous · 2⤊ 0⤋
yes they can
2007-04-14 04:00:21 · answer #9 · answered by Alie 1 · 0⤊ 0⤋
yes, most definately.
2007-04-14 03:50:08 · answer #10 · answered by Betsy 7 · 1⤊ 0⤋