thanks Jamie. You can be justified for spraying someone for alot of reasons. Yelling "im going to kick you ass" from inside a car is plenty of reason to spray someone. Shoot them, no.
Yes, cobb pd on the phone would have been the right thing to do. oh well.
"The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
Originally Posted by Danny
As far as this goes....not really. Had they gotten out of the car and come towards you sure. Nobody is going to kick your ass when you're each sitting in two different cars and you're going to have a hard time explaining how you were defending yourself spraying through two open windows at a man sitting in a car. To be defending yourself I would say that the other person would have at least had to commit simple assault first. Definition to clarify...
16-5-20. Simple assault
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
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BTW: I'll take a CS chamber over being sprayed with OC any day of the week.
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
key word reasonable. IE you have to make your point to a jury. If a violent driving person, that then threatens me with violence (although within his car) is plenty of reason to believe its a credible threat. And retaliating with OC spray to prevent further harm to both parties would be acceptable. At least that would be my case.
Have to remember every time you see the word "reasonable" in law code, you are immediately in a huge gray area.
And yes a defense for battery is assault by the other party.
"The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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