Surely it isn't, but landed correctly it gives a non negligible tactical advantage for another physical assault
It still counts as physical assault
Imagine me deliberately pepper spraying you in the face for no reason at all a la knockout game
I surely would get into troubles legally speaking if I were to do just that
I know, but it wouldn't give me a reason to shoot you in the head. I would aim for a limb (would hurt enough to stop you from assaulting me)
You risk missing the target doing that, worse, you increase the of risk hitting something else, and/or somebody else
And even then, let's admit you hit the leg with 9mm https://pic8.co/sh/XrKaOj.png no vital organ is hit, no bullet in the guts
It's a challenge to intentionally not hurt lethally with a 9mm, best case scenario you still need the wambulance right after getting hit and you should be ok
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