that is always the trade-off when using less lethal or lethal force for self-defense. it's the trade off if you defend yourself at all. But in the case, let a judge decide who assaulted whom first.
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It would certainly meet the definition of assault here in California. Pepper spray completely justified.
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That happened to me in publix a few months ago. Two maskless assholes invaded my personal space repeatedly and laughed at me when I asked them to back up. I'm a cancer survivor and had to ask for management because they would not leave me the fuck alone.
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"your Honor, I was in fear for my personal safety and I defended myself accordingly"
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Is there a pepper spray with dye mixed in? Just to help identify the attacker?
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How childish. That’s the behavior you’d expect from 13 year kids on a 2 hour bus ride, not adults in a supermarket. If I were her I’d take their picture and call the police - like spitting on people, it’s likely assault in their jurisdiction.
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