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I'd like to correct your intuition and say that you're going to face charges for pepper spray as well.
Who's going to report a defensive pepper spraying? Like blast the ne'er do well in the face and get out of there. He doesn't think they're on his side so he won't call the cops.
We live in a world where everything is potentially videotaped and reported. The place you are most likely to get randomly assaulted is outside a business. They have cameras on the doors, in the store, and in the parking lot. If, for example, you are approached in the parking lot by a person menacing you and pepper spray them then leave, thats on video. His flailing and screeching is on video. Some progressive do gooder will start filming you if you aren't quick, and even if you are they will film him and call for an ambulance for him. Then the auto reporter auto reports that he got pepper sprayed.
If you are thinking carrying pepper spray is a good idea, you live in a place where the system is set up against a person carrying pepper spray is a good idea. It might still be a good idea, better to be judged by 12 than carried by 6 and all, but you still have to be aware you aren't the favored class here.
Yeah but who's going to report it? Do gooders are going to shut up about it awkwardly, your assailant won't report it, the business owner won't either. Most pepper spray victims probably don't seek medical attention and the police rarely follow up on it anyways; they've got their hands full dealing with serious injuries.
I think there are many people who will report it. Why would the "do gooders" shut up? They sympathize with the bums.
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Probably not murder charges though.
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Why would I accept a stranger's intuition over my own?
Because people get assault and malicious wounding charges for pepper spray.
It is a lot lower bar than people think it is.
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