Defense Attorney Louis C. Schneider, on TruTV’s IN SESSION Live from Las Vegas. Available as legal analyst.Credits include, CNN, COURT TV, TruTv’s IN SESSION, THE LEGAL EDGE, TV GUIDE CHANNEL, FOX NEWS CHANNEL.
Criminal Defense Attorney Nick Alcock discusses the recent incident involving a WalMart shopper who used pepper spray during a Black Friday shopping incident. In Arizona, self defense can be used to justify what otherwise would be a criminal act. Had the WalMart pepper spray incident occurred in Phoenix, criminal defense attorneys would look for a number of critical factors to determine whether or not self defense could be used. In Arizona, non deadly self defense can be used if a reasonable person would need to use physical force that was immediately necessary to protect them from harm. However, if the force is used recklessly and a third party or innocent victim is harmed, then self defense can not be used. Pepper spray is the type of substance that could easily injure an innocent bystander. So in Arizona, the police would look to see whether or not the pepper spray was deployed recklessly. It is hard to imagine what goes on in the mind of a frantic black Friday shopper, but one wonders whether or not the pepper spray was absolutely necessary. Was there a way for the shopper to withdraw from the situation? Was there truly no other course of action? We shall see. If you would like to contact a criminal defense attorney in Phoenix Arizona or you have questions about self defense, please do not hesitate to call 602-989-5000 or click on www.alcocklaw.com