But the issue goes deeper than that.
If you have the pepper spray, you will also probably have to articulate why a reasonable and prudent person in like circumstances and knowing what you know would have concluded that the non-lethal option would not have been adequate. That's why in post 12 I went into a discussion of training that would support a conclusion that pepper spray should not be relied upon to necessarily stop a lethal threat.
It's called
a reasonable belief. Would a reasonable man in your shoes believed that a can of spray seasoning would be sufficient to stop someone from causing him some kind of injury?
Let's take it from your argument's side...
We'll stay with the potential assault over a trivial thing, like our parking lot space scenarios above. This so I don't get accused of stacking the deck (much).
a) Some guy gets out of his car, cursing profanely, red in the face and approaches you as you get out of your car. You're 5'8" and 170 lbs in your boxers. The irate driver is 6'3" and appears to benchpress Buicks daily. His arms are covered with tattoos where his black Harley shirt doesn't cover them. His first "shove" to you slams you painfully into the car. His second one causes that bruising sort of pain on your chest and shoulders. At this point, he's just calling you names.
Lethal Force: Probably not
Pepper Spray: Definitely
b) Same situation, however after shoving you against parked cars a few times, you've tried to back away. Now this guy throws you to the ground and when you look up he's raised his leg to drive a boot-clad foot towards your face.
Lethal Force: Triple-tap candidate
Pepper Spray: Not recommended
It doesn't have to be a man-mountain coming after you where you can claim size disparity. Here is California there can often be subtle "clues" that you're dealing with someone of dubious character. And sometimes you just can't tell until the spam in flying.
c) This time the guy coming out of his car, p---ed off in the spring-loaded position is a Hispanic male, about your own size, short hair and in a t-shirt and jeans. He makes profane threats from the rear of your car about your brains, breeding and bollocks. He starts moving forward...
Lethal Force: No
Pepper Spray: YES
His threats and profane comments are sufficient to raise concern about safety. But as long as no lethal threats are made nor weapons seen. Pepper Spray is good for stopping a fist fight type assault.
d) Same thing as the above. However, when he clenches a fist you can see letters tattooed on his fingers. You can also see a tear-drop tattoo near one eye. When he looks around you see a tattooed number, like 18, on the side of his neck. As he moves in on you he says "I'll kick your ass, b----h". He starts moving forward...
Lethal Force: Recommended
Pepper Spray: Not unless you want to fight too.
This one has more elements of risk. He's unarmed. He's hostile. Yet, he also exhibits gang tattoos. Gang members often tattoo their symbols on the upper sides of their fingers to be visible on a fist. A number or some kind of tattoo visible on the side of the neck (especially aft of 3/9 o'clock) hold a high probability of a gang affiliation. Tear drop tats on the face can have several meanings, but for the citizen, they indicate gang affiliation and/or a prison experience.
Thus, from the citizen's viewpoint, he's now confronted with an irate man who appears gang-affiliated and is threatening a beating. If an average Joe hits you a few times he may be satisfied. But gang members
really don't care if you live permanently disabled or disfigured or if you die. You're one of the sheep to be sheared. You're nothing to him.
You can easily argue that, as a gang member, he isn't going to just punch you once or twice and let it go at that. His attack will be vicious and he will make repeated hard blows to the face and head -- potentially life threatening ones. And because he has to maintain his "rep", he can't let an insult like pepper spray go unchallenged. He'll keep going to make contact, inflict what damage he can, the withdraw after "teaching a lesson" to you.