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The Range
Law & Order
Disparity of Force - A question for OSA Legal Eagles
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<blockquote data-quote="ripnbst" data-source="post: 2249271" data-attributes="member: 16136"><p>SOM??? State of mind? Size of man?</p><p></p><p>Disparity of force to me means you must already be under attack in order to use that as your defense. They must be using force in order for their to be any disparity. </p><p></p><p>Difference in size or physical condition is not justification for defense IMO. It does once the altercation has started as that is where the DOF will come from but that alone is not enough. IANAL.</p><p></p><p>Standing there threatening you with a knife and that they are bigger I think is less important than the fact that they are threatening you with a knife. "I shot him because he was bigger than me" is not what I would be saying. I would be saying "He was threatening me and had a knife"</p></blockquote><p></p>
[QUOTE="ripnbst, post: 2249271, member: 16136"] SOM??? State of mind? Size of man? Disparity of force to me means you must already be under attack in order to use that as your defense. They must be using force in order for their to be any disparity. Difference in size or physical condition is not justification for defense IMO. It does once the altercation has started as that is where the DOF will come from but that alone is not enough. IANAL. Standing there threatening you with a knife and that they are bigger I think is less important than the fact that they are threatening you with a knife. "I shot him because he was bigger than me" is not what I would be saying. I would be saying "He was threatening me and had a knife" [/QUOTE]
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