Quote:
|
Originally Posted by BillCA
Quote:
|
Originally Posted by roy reali
Could a DA or a civil jury question why the nonlethal option wasn't utilized. It seems illogical, but so does the warning not to use reloaded ammo.
|
They can always question why you didn't try "A" before "B" or why you didn't retreat instead of stand your ground. The real basis for filing charges is if the victim of the assault or attack had a reasonable belief he was going to receive great bodily harm or at risk of death.
|
And this goes back to the point I was making before. If you don't try the pepper spray first, and instead go directly to the gun, you will need to be able to articulate why you reasonably concluded that pepper spray under the circumstances would not have effectively stopped the threat.