Is it legal to pepper-spray someone who is threatening you or would I get in trouble?

Question

I live in LA and you wouldn't believe the people who are f*****g out of their mind here. Tonight I was walking across the parking lot of a local movie rental place. This idiot in a H-U-G-E truck see's me, we establish eye contact. He breaks for a second so I keep walking, he then proceded to drive even though I was still crossing his path. His car was so close to my body it was no more then 3 inches from my right breast. I was so angry he almost hit me!! So I open-handed slapped his big truck somewhere on the side. Still in truck he shouted at me. I ignore him and walked to the store.
When I left the store I was horrified to see that he was parked right outside waiting for me. Only when I was in my car did I notice him, still in his truck, creeping behind my parked car.Think he shouted something, I couldn't hear him.
MY QUESTION IS THIS; I WAS REALLY SCARED. IF HE WOULD HAVE COME OUT OF HIS CAR TO CONFRONT ME IN A THREATENING MANNER IS IT LEGAL TO PEPPER-SPRAY (which I carry) HIM?

Answer 1

I wouldn't think it would be illegal to spray him if he was going to harm you. I don't blame you for being scared. The guy sounds like an obsessive freak.

I just asked my husband and he says it's ok, you could spray him if he'd walked up to you at that point.

I advise getting a German Shepherd. Seriously, I have one and she's so protective! I feel much safer when my husband's out of town because she's with me.

Answer 2

sure you will get into criminal situation in case you utilize pepper spray/ mace! at the beginning many states require which you have a license to hold pepper spray. so which you or your mothers and dads ought to ask the community police station no count number if that's criminal to hold and use pepper spray. notice for the license if one is had to hold it. never EVER use it indoors. maximum issues have befell while somebody has used it interior, inflicting panic in a crowd. there's a case in Chicago, i think of it became, in a night club the place somebody sprayed it interior, inflicting a stampede of people to run for the exits, overwhelmed by utilising the spray. They trampled one yet another and a lot of people died hence of a million person spraying it interior. That person likely became charged with a criminal offense and in all probability have been given sentenced to penal complex, fined, and/or probation, if the police have been able to finding that person. you may desire to communicate to the police and college approximately those females if you're worried they'll attack you. Ask your mothers and dads to take you to karate instructions or self protection instructions. sure spraying somebody is seen attack and you ought to no longer use pepper spray till you have been knowledgeable how and the place to apply it and verify with the police to be certain you may legally carry it.

Answer 3

In LA you have very little latitude for self defense. It is viewed in the same light as vigilantism.

In Oklahoma and Texas you are allowed to used more than pepper spray if you a have a reasonable suspicion that someone may cause you bodily harm.

You are under no obligation to retreat.

I suggest you move to a state that allows you the option of defending yourself.

Answer 4

Well it's legal as long as you can plead self defence. Not sure what the exact formula would be in the US but in the UK it's basically whether a reasonable person in your shoes would have acted the same way.
You were scared for yourself and that's what counts. It's "reasonable force" to pepper spray him. By all means, go ahead!
If he sues you, you could always charge him for (psychic) assualt. Assualt is not just phsysical force (that would be battery). As long as he acted in a threatening manner that scared you, that would be assualt. And so self defence can be used even if he didn't actually physically touch you, as long as you (reasonably) thought he was GOING to touch you.

Answer 5

Your question is very interesting.When the man in the truck is about to confront you in a threatening manner, there is nothing wrong if you PEPPER-SPRAY him.When the police is helpless and the Army is sleeping, every civilian has got the right to defend himself/herself during a dangerous situation.This is not equal to taking "Law" in your own hands.

Answer 6

Only if he actually touched you as an assault can you use anything to defend yourself,if he was just yelling or something like that the answer is no,but once becomes a physical threat then you can use whatever force is necessary to get away.

Answer 7

You should have gotten his licence and reported him to the law. And whether it is legal or not to use pepper spray,I would use it if I felt threatened.I would think it is legal or it wouldnt be for sell over the counter?

Answer 8

I hope that he's not coming at you while you're waiting for an answer.
I'd do whatever necessary to protect myself and worry later whether it was legal or not.
Youy could be dead for a very long time.

Answer 9

if it were MY call, regardless of the law, I would rather be TRIED BY 12 than CARRIED BY 6. You are alive to explain and tried by a jury, or, they attend your funeral. I don't think it is a difficlut choice.

Answer 10

honestly, who cares if it is legal... if your life is in danger, do anything you can do save yourself! I'm sorry, but if it werent legal where I lived, and that happened to me, and the guy actually attacked me, you think I would hesitate spraying that bastard!!!! not at all...