Criminal Defense Q&A: Can I Still Carry Pepper Spray to Protect Myself If I Have a Criminal Record?
Question:
Can I carry pepper spray to protect my self and my family? I was convicted of a felony 17 years ago (grand theft auto and other misdemeanors). I’ve had a few problems with my daughter’s boyfriend (abuse) and my son has a restraining order on him, but that doesn’t seem to work; he keeps threatening us and we have confrontations. I just want to protect my family.
Answer:
If you have a prior felony conviction then you are prohibited, by law, from possessing pepper spray–even if you’re carrying the spray for self-defense. Penal Code 22810(a).
When the restrained person comes around, it would be prudent to contact the police rather than escalate the situation. Documenting each incident is important because violating a restraining order, in and of itself, is punishable as a misdemeanor. Repeatedly disregarding a court order can lead to more sever penalties; however, without sufficient documented evidence, charges cannot be brought.
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Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
