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switch

KD5NRH wrote:
switch wrote:Yes, and there are women that can kick my can, but the law recognizes that 'most' seniors, children and females are at a disadvantage when facing a middle-aged male attacker.
I can think of several crimes that are enhanced if the victim is very young, and a few that are enhanced if the victim is very old, but could you point out somewhere that the law recognizes women as being disadvantaged?

I cannot quote a specific law, however, DPS teaches that a woman can use deadly force if attacked by a man because there is a presumed physical disadvantage. A man can only use deadly force if his attacker is way younger or way bigger.

switch

stroo wrote:When I was in college my wife worked in a drug store with an exMarine who was in his early 70s, fifty years older than me. He was probably be the toughest man (if not for the 10 year daughter rule, I would use 3 initials instead) I have ever known personally. I played soccer in college and was in terrific shape but I would have never even thought about taking him on. Occasionally he would show my wife holds she could use to incapacitate people using me as the subject. I was always at his mercy. And then he would tell us what he would do, which always was worse, more effective and which I had no doubt he was fully capable of even at 70. Frankly, in close quarters, I would have been terrified to take him on even if I was armed, knife or gun, and he wasn't. So while usually someone who is older is in the weaker position, that doesn't always hold true.

Yes, and there are women that can kick my can, but the law recognizes that 'most' seniors, children and females are at a disadvantage when facing a middle-aged male attacker.

switch

The deceased was 22 years older than the person that stabbed him. (66 vs. 48).

Personally, I'd rather defend myself for shooting someone instead of stabbing.

Juries do not see knives as a 'gentleman's weapon'.

switch

KBCraig wrote:
KD5NRH wrote:
switch wrote:A large bruise? I think the term is 'serious bodily injury'. I doubt if a bruise is going to cut it.

The very first CHL in Texas to use deadly force was Gordon Hale, who was being punched in the head by Kenny Tavai. Hale was arrested and charged, but no-billed by the grand jury.

Kevin

Gordon Hale was almost blinded. His eye socket was crushed. His attacker was 20 years younger and out-weighed him by 100 #.

The 'large bruise' does not sound like serious bodily injury to me. I could be wrong. It will be up to a jury but I would not want to be defending myself, (although I am 60, I could argue senior citizen defense.

)

switch

KBCraig wrote:Given that the arrestee is sporting a large bruise on his face, it might well have been justified self defense.

A large bruise? I think the term is 'serious bodily injury'. I doubt if a bruise is going to cut it.

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