If I were to pepper spray someone and left the scene to call the authorities, would I be charged with something?

UPDATED: Jun 19, 2014

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If I were to pepper spray someone and left the scene to call the authorities, would I be charged with something?

I understand the castle doctrine, what I am concerned about is more self defense. If say you are approached by someone, and you feel threatened, does it constitute self defense if you feel as if your persons is in danger without being attacked? What I mean of course is non-lethal forms of defense (e.g. pepper spray). These questions arise from being assaulted today while walking through a park. I might also add that I am still a minor (17). Upon my 18th birthday I will then open carry but what can I do until that time as a minor

Asked on June 19, 2014 under Criminal Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please take a deep breath. Your being confronted today must have been a very harrowing experience and I think that you may be a little shaken to say the least.  So you understand that Pepper Spray is legal in Wisconsin so long as it meets certain requirements. Rather than go through them all I will give you a link at the bottom to read.  Now, if you are approached by some one who intends to harm you you have to be reasonable in the force you use to defend yourself.  Here you said you "feel as if you are being threatened."  Why was that?  There has to be some facts that would validate your using the pepper spray.  The force you use has to be in like and kind to the force that comes at you. and even then the facts will determine if you were justified under the circumstances.  Please speak with a lawyer in your area for a more detailed discussion before you take out a carry permit. 


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