So I was discussing carry options with a coworker recently who said she wanted to start carrying a weapon. About a year or two ago she was "mugged" by a guy who threatened her with pepper spray. She gave him the purse and he ran off, so no real damage done.
She asked me should she be justified in drawing on someone in this scenario, and I told her I honestly didn't know how it would shake out legally.
What are your thoughts? What would an appropriate response be?
Robbery point of pepper spray?
If she can articulate how in fear for her safety she was based on her condition resulting from the pepper spray which may effect her to the point she became defenseless and was forced to use a weapon for her protection because of her belief that she may sustain serious bodily injury or possibly incur death from her bigger, stronger and faster attacker...
I don't see why it wouldn't be justified...
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It can easily be articulated that pepper spray can cause incapacitation, severe respiratory distress and possible eye damage leading to a disparity of force situation during the commission of a violent felony.
Yea... I think a lawyer could work with something like that.
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The law here says you can threaten or use deadly force to stop a forcible felony, which includes robbery. However, in certain locations, if you drill certain people, who are armed only with pepper spray, you'll probably get charged.
"Gunfighting is a thinking man's game. So we might want to bring thinking back into it."-MDFA
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No pat answer. It's all about the articulation.
Even in New York deadly physical force is authorized to prevent and terminate a Robbery
As always, facts matter and details will be important. However, assuming no usual circumstances (like the suspect is a 7 year old in a wheel chair) then deadly force to stop the commission of the crime would be a justified shoot in Indiana.
Tell her to get Massad Ayoob's book Understanding Your Right to Self Defense. This is discussed in the book. As far as I can tell them having that pepper spray checks off the "ability" in ability, opportunity, and jeopardy.
In regards to New York State, remember the authorized use of physical force up to and including deadly physical force would also have to be reasonable and necessary. But as its been mentioned already, proper articulation would help with this.Originally Posted by SJC3081
I am glad to hear your friend was not injured or worse, I hope the scumbag was caught and punished!
The interesting part is, she was threatened and the thief ran off with with her purse, and there was no damage done. So how was she threatened?, to be beat, raped, killed, or just robbed? It may very well make a difference to a jury, as explained by a defense attorney. I am in Virginia, and I hear so many people say the only thing you need to say, is, I was in fear for my Life, well not really. The fact that your friend is thinking about various scenarios and outcomes is a good thing.
Sorry I can only give you my thoughts, but there are various books and trainers that will provide various thought processes and scenarios with possible responses and outcomes. This type of thought and training is just as important as learning how to shoot. I personally would like to see more scenario based training, FOF/SIM type of stuff. I think it would give most an entirely new outlook.
If you carry a gun for self defense, there may be a time when you must make the decision to be carried by 6 or judged by 12, and prepared to accept the consequences of that decision, and it will probably come when you least expect it and be done in a split second. In the real world, shit goes bad real quick and rarely is the outcome how you envisioned it.
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