If the "victim" is beyond a certain age, isn't he then considered an "at risk individual"? What IS that age??
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If the "victim" is beyond a certain age, isn't he then considered an "at risk individual"? What IS that age??
A "shod foot" (shoes, boots) has been considered a "weapon" in many courts, and if you kick someone while they are down, resulting in substantial injury requiring hospitalization (fractures, broken teeth, etc), then you will probably get prosecuted and convicted if: the other guy was unarmed, you do not have significant injuries, and the attack did not occur in your home, place of business, or on your property. If you kick him while he is down and he walks away with nothing more than bruises, then you are correct that there is a good chances the charges may be dropped if he started it and there are witnesses or CCTV video of that.Originally Posted by DD977GM2
At-risk adult = an adult 60+ years of age with permanent disability (unable to walk, see, hear, speak) As contained in Colo 18-6.5-103 (3) (A)
If your carrying, flee. You 99.9999999% of the time have that option.
If you kicked their ass and they are done attacking you, why would you kick them when they are down?
The way I read the OP was if he kicked their ass and ceased hostilities, would he be arrested and charged.... well if you kicked their ass and didnt take a trashcan and huck it at them or kick them when they are down or curb them, you would be fine.
The what ifs can go on all day. When I have kicked someone's ass, I didnt stick around and wait for them to get up and come at me with vengeance or with a weapon.
When I have had my ass kicked, I didnt go after them for more of the abuse, I left. agian though YMMV.
1st ruleIf someone punches someone first and the other person kicks their ass is it still self defense?Where is the line drawn?Asking for a friend
ATTORNEY, NOT the internet
2nd
Force Continuum
If the attacker stops, you stop. If the attacker is down and you continue there is the possibility you may be charged with assault
The Great Kazoo's Feedback
"when you're happy you enjoy the melody but, when you're broken you understand the lyrics".
You dont even have to be 60.....depending on your disabilities.......
Red,White & Blue means Freedom, until its flashing behind you.
I say if you kick the guy in the wheel chairs ass and he keeps coming then you got to do what you got to do. You be surprised how fast they can cover ground in one of those things. Plus no foot steps...just roll right up on ya quiet like.
And that is dependent upon the age of the other party as well. Example: a 60 year old and a 65 year old get into it, neither is going to be charged with the enhancement of the 'at risk'.
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
Either way it's a losing battle. Cost me 15000.00 for a fight that I didn't start. Two witness said I started it. After court cost lawer cost and medical bills time off work not to mention the sleepless nights wondering what I would be charged with. I was found not guilty but had to pay his medical. Not worth it! Walk away and tell him to roll away.
You don't want it to turn into a felony
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