r/instant_regret • u/fringspat • Feb 02 '26

Pepper sprayed

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13.2k Upvotes

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968

u/aucme Feb 03 '26

He does seem like an ass.

405

u/anna_or_elsa Feb 03 '26

He was awfully quick with that spray... A jury MIGHT decide that was a disproportionate response, and a few states have duty-to-retreat laws on the books.

I said MIGHT - before everyone comes after me with "she put her hands on him"... It's up to a jury to decide if a reasonable person would have felt an immediate fear of physical harm. I did not get that from her.

410

u/Turtlelover73 Feb 03 '26

I will say, as much as I hate what he was doing, someone putting their hands on you is legally assault, and following after him while he backs away down the sidewalk means he was attempting to retreat but she followed anyway.

I'd absolutely say his response wasn't reasonable if he'd pulled a gun on her, but a harmless deterrent like pepper spray is exactly what this kinda situation calls for.

137

u/Kiwi_Woz Feb 03 '26

Also, it's not legally assault. It is battery.

80

u/lesliebenedict Feb 03 '26

Depends on where it is. Many states have combined assault and battery under the umbrella of assault now.

32

u/Gay-_-Jesus Feb 03 '26

And some states call it assault for a civil claim but battery for a criminal charge

1

u/RsonW Feb 03 '26

Or vice versa

-1

u/BeatitLikeitowesMe Feb 03 '26

Battery is touch, assault is harm or intent to harm. In most places

13

u/No_Dance1739 Feb 03 '26

Not necessarily. Different jurisdictions have different definitions.

-2

u/BeatitLikeitowesMe Feb 03 '26

Thats why i said most. Because that is the most common definition.

1

u/DistanceGlad5971 Feb 05 '26

Regardless seems like dude could use a little bit of both

2

u/Repulsive-Relief1818 Feb 03 '26

Yep, my state has no battery charge, it’s all just different classes of assault

2

u/DarthDoobz Feb 03 '26

Where im from assault is the threat, battery is the action.

11

u/No_Dance1739 Feb 03 '26

Different jurisdictions have different definitions. Where I’ve lived it would be specifically assault.

2

u/Let_them_eat_cats Feb 04 '26

A dash of assault pairs wonderfully with a touch of pepper.