[brannon67]

Ok guys, I have a question. I carry a gun on me everyday, if not on me, its beside me in my car, but mostly on me. Anyway, I was wondering what the law is if a smaller man is attacked by a bigger guy, say puts his hands on him, trying to beat him, strangle him, etc. Say the guy is mayby 5-9 my height, skinny, or mayby athletic, but not a big guy and say the other guy is 250-300 lbs and is aggressive. Does the smaller guy have the option of defending himself, or mayby shooting if he feels like his life is in danger from the big guy trying to beat him or whatever. Does the big guy have to have a gun, knife, bat, etc before the smaller guy does anything to stop the atack, and maby save his life, and is using his big fist to do the smaller guy harm, and possible kill him? Just curious. What action does a smaller man have against a bigger gorilla? Other then some type of defense, martial art move, etc?

 

[CountryMick]

Of course, you should check your state's laws to verify, but generaly if you believe you are about to receive grave bodily harm from an aggressive person, you have cause to draw your weapon even if the aggressor is unarmed, regardless of the aggressor's size.

 

[brannon67]

Thank you sir.

 

[bhale187]

Definately want to read up on state law, look for affirmative defenses or exclusions in the homicide and bodily harm sections. Its not likely to get into anything as detailed as big guy vs small guy, it is likely to say that a person who reasonably believes he/she is about to receive great bodily harm can respond with deadly force. If that's the case than you just have to get an attorney to convince a judge/jury that you resonably believed the big gun was going to cause you great bodily harm

 

[brannon67]

I know that a smaller guy has no chance against a 300 lb gorilla, unless he knows some type of special martial arts that will put him down, lock him where he cant move(and I know some kids who have the skill, to do that, and make a grown man cry like a baby), so there you go. Its life or death out there people. Get real with it.

 

[jonm61]

What you're describing would fall under "disparity of force". Most people think of multiple assailants to one victim in a disparity case, but a significant size difference, or a significant decline in the victim's health can also apply.

The "fear of death or great bodily harm" is what most state's use. What you consider "great bodily harm", or your risk of it, may differ from mine. If you have a concussion, your risk changes. The disc injury in my neck changes mine.

 

[Webphisher]

"Reasonable amount of force" is what you can use in CO. So that means if you're a tiny dude, or disabled, or someone in bigger than you in general is attacking, and a gun is reasonable amount of force, then its all good. But ya, check state laws.