Can You go to Jail for Pepper Spraying Someone?
Are you thinking about keeping a pepper spray with you for emergencies but are afraid of the consequences of using it? Can you go to jail for using pepper spray on someone? The answer to this depends on why you are using it for.
Can you go to jail for using pepper spray?
Well, the good news is, regardless of where you are, you can use pepper spray to protect yourself. If you use it to protect yourself you don’t need to worry about it but if you use it to intentionally harm someone then the person you pepper spray can file a case against you for assault and battery, and you can go to jail for it.
Jail time for pepper spray: 3 years
If you don’t succeed in making a strong case, you mind end up getting fined for up to $1000 or worse being imprisoned for a maximum of three years. Use pepper spray wisely. Protect yourself when in an emergency.
What is pepper spray used for?
Have you ever pepper sprayed someone? A pepper spray, when sprayed on an individual, blinds them temporarily giving you enough time to escape the unsafe situation. It is generally used as a self-defense tool around the world and has proven to be of immense help when people find themselves in tight spots.
The fact that you most pepper sprays have a high range means that you don’t have to be in proximity with your attacker to unleash your wrath onto them.
So, is it legal?
Well, the good news is, regardless of where you are, you can use pepper spray to protect yourself. It is legal to use in all of the fifty states. However, how you are allowed to use them may differ from state to state.
For instance, in Nevada, you can only carry up to two fluid ounces of the product. In Wisconsin, you can carry and use pepper spray but can’t camouflage it in containers.
In Massachusetts, tear gas come under the category of ammunition and hence can only be used and possessed by someone over the age of 18. Also, you are required to have a permit for using a firearm.
Almost every state classifies using the tool against law enforcement agencies to be a felony.
Can you pepper spray someone for harassment?
If you use it to defend yourself from an attack, you won’t go to jail or have any legal action taken against you. However, this self-defense tool should only be used if the attack is forceful and proportionate.
For instance, if someone tries to hit you, overpower you or pull a gun at you, using a pepper spray will be counted as self-defense. However, if you feel uncomfortable by how someone is looking at you, the court might find the response to be unproportionate and unnecessary.
How to make a case for self-defense
Whether you do it due to self-defense or not, you might end up having to prove the same in front of the court. This occurred when the other party involved charges you with battery. Here, you must prove that you were acting on self-defense and that your action was justified and necessary.