Pepper spray is a liquid substance that is contained in a compact spray bottle, which can be used for self-defense. The liquid contains the inflammatory compound capsaicin, the same chemical that causes chili peppers to be hot.
However, the pepper spray has a much higher concentration of capsaicin than chili peppers. When the spray contacts someone’s eyes, it will cause them to close their eyes, have acute eye pain, and be temporarily blinded.
It will also cause the individual pain, burning, and tears after prolonged contact with their eyes. It has been described as a boiling or bubbling sensation along with severe discomfort.
Pepper spray is used by law enforcement agencies in the United States for crowd control, during policing, and to suppress demonstrations and protests. Pepper spray is commercially available to customers for personal protection.
If an individual chooses to carry pepper spray in California, they should be aware of the laws that govern its use.
Is Pepper Spray Legal in California?
Yes, pepper spray is legal for the purpose of self-defense in every state, including California and Washington, D.C. There are, however, restrictions on when it can be used.
There may be certain situations in which an individual is not allowed to use pepper spray. All jurisdictions have their own guidelines regarding the scenarios that warrant the use of pepper spray.
Factors that should be considered regarding the use of pepper spray include:
- Whether it is being carried in a public place
- The size of the pepper spray bottle
- The age of the individual carrying the spray
There are some situations, buildings, and establishments in which pepper spray must remain concealed or is prohibited. One example of a location where pepper spray is prohibited is on commercial airlines in the passenger area, because there would be a significant risk of danger if the substance was accidentally dispensed. Pepper spray must be checked in and not brought onto the plane in a carry-on bag.
Violating airline pepper spray laws is a felony that may result in a fine of up to $25,000. In addition, a minor cannot carry pepper spray under any circumstances. A minor could injure themselves or other people with pepper spray.
If an individual is considering carrying pepper spray in California or has any questions about its use, it is essential to schedule a California lawyer consultation.
In California, When Can Pepper Spray Be Used for Self-Defense?
Pepper spray should only be used when someone feels threatened or that they are in danger. Pepper spray is intended to be used for personal safety in California.
It should only be used as a defensive tool in self-defense cases. It can be used to stop a threat temporarily as well as allow the holder to escape being harmed by an assailant.
There are numerous tips to keep in mind for the safe use of pepper spray, including:
- Seeking education on the use of pepper spray before purchasing, such as by taking a training course
- Never let a child handle the spray
- Avoid dangerous and isolated areas
- Dispense the pepper spray only when in imminent danger and for the purpose of self-defense
- Use the spray to escape from an attacker
- Spray the spray directly into the face of an assailant
- Avoid contact with someone who has been sprayed
- If the spray is used, maintain a safe distance from the assailant, move away from the assailant, and immediately call law enforcement
- If someone has been sprayed with pepper spray, they should rinse their eyes repeatedly with cold water
Every jurisdiction allows people to use pepper spray in dire emergencies. In order to escape an attacker, an individual has the right to safety as well as to defend themselves with proportionate and necessary measures.
For example, when an attacker pulls a gun, using pepper spray would be considered an act of self-defense. However, an individual cannot simply pull out their pepper spray because they are afraid of someone’s appearance.
A court would most likely determine that this is not proper justification for dispensing pepper spray. Examples of potential changes someone can face if they improperly use the pepper spray includes:
- Physical Harassment: This is offensive physical touching that does not include injury.
- Assault: This involves physical touching that consists of pain or injury and the amount of damage caused.
- Reckless Endangering: This includes placing others in harm’s way due to reckless conduct.
- Criminal Mischief: This conduct results in property damage.
- Disorderly Conduct: This can be charged for all the disruption, shouting, and noise.
The charges someone may face for pepper spray use can vary by location. It is, however, absolutely legal for someone to respond with force if they reasonably believe they are in imminent danger of serious physical injury or death.
If an individual uses pepper spray when it was not appropriate, they may be using excessive force. California lawyers can help their clients understand the potential risks and benefits of using pepper spray in the state.
Can I Go to Jail for Pepper Spraying Someone in California?
Yes, there are situations in which the use of pepper spray in California may not be appropriate. This means that someone can face charges under criminal law or may face civil liability in a civil lawsuit.
Depending on the facts of a case, for example, using pepper spray may be considered assault and battery. This may be the case if someone sprays an innocent victim in the face.
As noted above, an individual should have a justification for using their pepper spray in public or in any other place. Its use must either be for self-defense from personal injury or death, and the force used has to be reasonable under the circumstances.
For example, an individual cannot lawfully spray someone in the face if they say something obscene or because their appearance was frightening. If someone is an aggressor, they do not have a justifiable reason to use the spray. For example, an individual cannot threaten someone else and then claim self-defense and use pepper spray.
Additionally, typically, using pepper spray against members of law enforcement and emergency responders is not permitted. Each situation involving pepper spray can be reviewed based on the facts and outcome.
In most states, there are misdemeanor and felony offenses that punish various outcomes of fights. Some states may also make less serious fights a civil infraction.
If someone is convicted of a misdemeanor or felony, a defendant may face incarceration. Each case, however, will be decided based on the severity of the offense.
With a civil infraction, jail is not a possible penalty. When a defendant is sentenced, there are numerous factors considered, such as:
- Whether a party claimed self-defense
- The seriousness of the fight
- The severity of any injuries
- Which parties were injured
- Whether property damage resulted
- Whether the offender will pay for the damage caused
- Whether the offender is remorseful
- Whether the offender has previous convictions
- If incarceration will impact the offender’s job or schooling
- Whether the offender is willing to enroll in rehabilitation programs
The court will ultimately determine whether or not incarceration is appropriate. There may be community service options available for cases that do not involve a serious offense. These options may be evaluated for each case by the prosecution and ruled on by the court.
Do You Need a Lawyer if You’ve Been Arrested for Unlawful Use or Possession of Pepper Spray in California?
If you carry pepper spray in California and you want to use it, it is very important to have an understanding of the basic situations and when to use it. Even though it may be legal, there can be drawbacks to carrying and using it.
If you are arrested for an offense involving pepper spray, it is essential to consult with a California criminal defense lawyer as soon as you can. Pepper spray should never be used to threaten a minor or disproportionately in a situation. It should only be used for self-defense.
If you have any questions or concerns about the use of pepper spray in California, you can use LegalMatch in as little as 15 minutes to find an attorney in your area who can help you with your needs. Simply complete the online submission form and you will be matched with California lawyers in your area who are licensed and pre-screened and can help you carry your pepper spray with confidence.
