Disparity of force because of age

[mrortega]

Being an oldster (74 yrs old) I don't plan on letting anyone hit me whether it's a confrontation in a store or a parking lot. I know that pulling my pistol is a last resort but if I am forced to shoot someone for jerking me around, pushing or trying to punch me hopefully my age would be taken into consideration even if the aggressor has nothing but his fists and feet. I think it's safe to say that a punch to my chest or head could cause grave injury or even death. Your expert opinions please.

 

[actaeon277]

I won't post "what if" situations on the internet.
Lawyers love to pull up old posts.

 

[CitizenX]

My Grandad, told me when I was a teenager, "Don't mess around with an old man! If he can't whoop ya, he'll just shoot ya!" Always stuck in my head. Respect your elders!

 

[Cameramonkey]

Yep. All that matters is you can convince a prosecutor, and worst case, a jury.

 

[Hatin Since 87]

I’m no lawyer, and I’m sure someone with more knowledge about this than myself will be in soon to steer you in the right direction, but from my understanding it’s “to prevent death or serious bodily injury”. I would think if anyone would be safe it would be someone in their 70s, who didn’t start the confrontation, defending himself from serious bodily harm by an attacker. If I’m on the jury I’m voting on your side.

 

[Chase515]

IANAL but have listened to a deputy prosecutor talk about who's more likely to be charged in a disparity of force situation. A 74 year old man or 110lb woman would not be charged if they were in a knock down drag out fight with someone much larger and the weaker pulled out a gun or knife and ended it. Size and age come into play when a prosecutor thinks about what a jury would do. Also the do not talk to cops thing comes into play. Cops will be your friend "hey man you did a good job" shooter " thanks I trained my whole life for this moment I knew I'd win" Shooter is going to jail.

 

[NHT3]

No attorney here but I've been blessed to be involved in training with some very knowledgeable people.
Avoid a confrontation if possible is always the best plan. Every bullet has an attorney attached (Coachism) so if you are going to employ deadly force accuracy is imperative. I believe disparity of force is mentioned but read the Indiana code yourself don't let someone else tell you what it says about use if deadly force. BBIs always ended his dissertations with "there are 92 Counties in Indiana and 92 prosecutors, each one will view each incident differently". That brings you back to, IF POSSIBLE retreat and 911. Leave it to the professionals.

 

[russc2542]

As others have said, it's highly situational and comes down to the "reasonable person" judgement stuff along with how the prosecutor and defense can spin it.

At 6-5 250lb, I would think most people would have a different standard for incoming threats for me than for my 5-5 110lb wife.

 

[Ark]

Disparity of force is a 100% subjective determination made by a DA and, if applicable, a jury. Do not count that chicken before the egg hatches.

 

[GIJEW]

MrO, I hear you. I'm 61 AND disabled and even E&E is a bit theoretical for me. Even though firearm is my only realistic defense if I'm attacked, I don't have any doubt that a prosecutor will look at/for considerations besides disparity of force

 

[Denny347]

It's an unanswerable question without specific details. Here is an excerpt from the relevant law IC 35-41-3-2. You need to satisfy these elements if you want to stay legal.

A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.  However, a person:

(1) is justified in using deadly force;  and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.  No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Serious bodily injury is defined here:

"Serious bodily injury"
Sec. 292. "Serious bodily injury" means bodily injury that creates
a substantial risk of death or that causes:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) extreme pain;
(4) permanent or protracted loss or impairment of the function
of a bodily member or organ; or
(5) loss of a fetus