Pepper spray is a small compact spray bottle used for self-defense. It consists of an inflammatory compound called capsaicin. It is the same chemical that adds the characteristic heat to chili peppers. Pepper spray contains much higher concentrations of capsaicin than chili peppers. When pepper spray comes into contact with a person’s eyes, it causes immediate eye closure, acute eye pain, and temporary blindness.
Furthermore, it causes burning, pain, and tears after it comes into contact with a person’s eyes. Some people describe a bubbling or boiling sensation and severe discomfort.
Law enforcement agencies in the United States utilize pepper spray during policing, crowd control, and to suppress protests and demonstrations. However, there are some differences among the states regarding the use of pepper spray spray. Pepper sprays are available commercially for personal protection against assailants.
Is Pepper Spray Legal?
Pepper spray is legal for self-defense purposes in all 50 states and Washington, D.C., but there are some restrictions on when to use it. There are certain situations where you are not permitted to use pepper spray. Each jurisdiction has its guidelines on what scenarios warrant the use of pepper spray. Below are some factors that are taken into consideration when using a pepper spray:
- Is it being carried in a public place?
- The size of the pepper spray bottle;
- The age of the carrier.
There are certain cases where pepper spray has to remain concealed or is prohibited in various buildings and establishments. One place where pepper spray is not prohibited is commercial airlines. There is a significant risk of danger if the spray is accidentally dispensed on a flight.
Therefore, possessing pepper spray on these airlines is a felony that can have a fine of up to $25,000. Additionally, minors are not allowed to carry pepper spray under any circumstances. They could hurt themselves and others. It would be reckless for an adult to let a minor have pepper spray.
When Can Pepper Spray Be Used for Self-Defense?
Pepper sprays should only be dispensed in a situation where an individual feels threatened or in danger. They are meant for personal safety and should only be used as a defensive measure for self-defense cases. It can be used to temporarily stop a threat and allow the user to escape physical harm from their assailant.
Below are some tips to consider for safely using pepper spray:
- Educate yourself by enrolling in a training course from a professional before purchasing pepper spray;
- Only dispense the spray in imminent danger for self-defense purposes;
- Never let children handle the spray;
- Try to avoid isolated or dangerous areas;
- Dispense the spray to escape from the attacker;
- Spray directly into the assailant’s face and avoid contact with the person sprayed;
- Maintain a safe distance, move away, and inform the police immediately;
- Rinse your eyes repeatedly with cold water if you have been affected.
All jurisdictions allow you to use pepper spray in dire emergencies. To escape from the attacker, you have the right to safety and to defend yourself with the necessary, proportionate measures. For instance, if the attacker pulls out a gun, using your pepper spray would be considered an act of self-defense.
However, simply pulling out your pepper spray because you did not like the appearance of someone. A court will most likely find that this was not the proper response or justification for dispensing your spray. Below are some examples of potential charges when pepper spray is deployed include:
- Physical Harassment: offensive physical touching that does not include injury;
- Assault: physical touching that consists of pain or injury and the amount of damage caused;
- Reckless Endangering: placing others in harm’s way due to reckless conduct;
- Criminal Mischief: resulting in property damage;
- Disorderly Conduct: for all the disruption, shouting, and noise.
Each state can vary on the charges for pepper spray use. There is no doubt that an individual has the right to respond with force if they reasonably believe that they are in imminent danger of serious physical injury. The amount of excessive force he is entitled to use varies on the situation and whether or not similar forces were being applied or threatened.
Can I Go to Jail for Pepper Spraying Someone?
There are cases when using pepper spray may not be considered appropriate. Therefore, using it irresponsibly can warrant criminal or civil liability. Spraying an innocent victim in the face can be a crime. It would be considered an assault or battery depending on the facts of the case.
As mentioned earlier, there needs to be a justification for deploying the pepper spray in public or anywhere else. It must be either for self-defense from personal injury or an arrest situation, and the force must be reasonable under the circumstances.
For instance, you cannot lawfully spray someone in the face for saying something obscene to you or because you were afraid due to their appearance. If you are first witnessed as the aggressor, then you will not have a justifiable reason to use the chemical spray. You are not allowed to threaten someone in the first place and then claim self-defense for using the pepper spray.
Furthermore, many states do not permit the use of pepper spray against law enforcement officers and emergency responders. Each case can be judged based on the unique situation and the outcome of the incident. Most states have established misdemeanor and felony offenses to punish the various outcomes of a fight, though some states may make the lesser fights a civil infraction.
For misdemeanor and felony offenses, jail is a possible punishment. However, each case is decided based on the severity of the offense. For civil infractions, jail is not considered a potential penalty. When sentencing takes place, the following factors are considered:
- The seriousness of the fight;
- The level of injuries and who was injured
- The property damage resulting from the attack;
- Did anyone claim self-defense;
- Will the offender pay for the damages;
- Criminal background check and how serious were the previous convictions;
- Is the offender remorseful;
- How will jail time impact the person’s job or place in school;
- Is the offender ready to enroll in rehabilitation programs and correct their conduct?
Ultimately, the judge will determine whether or not jail is appropriate in the given situation. A case is presented with all the necessary facts and evidence. Community service options are also available for cases that do not involve severe offenses. These can be determined for each case by the prosecutor and ruled on by the judge.
Do You Need a Lawyer if You’ve Been Arrested for Unlawful Use or Possession of Pepper Spray?
If you possess a pepper spray and want to use it, make sure you understand the basic situations regarding when to use it. They are legal in all states, but there are drawbacks to their use.
If you have been arrested for unlawfully using the pepper spray, do not hesitate to reach out to a local criminal lawyer. Pepper spray should not be used to threaten minors or disproportionately used in a scene. They must be used only for self-defense purposes.
