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This would fall under "disparity of force" and "grievous bodily harm", my question is why didn't the guys friend do anything.
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my question is why didn't the guys friend do anything.
2 people or more attacking one person is Assault III in Oregon. which is a C felony
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if the injuries sustained are bad enuff..it can also be an assault II
if they stomp the guy it can be elevated assault II + assault III
if they stomp the guy and have combat/logging/steel toe boots on it can be elevated to assault I + assault III
just on face value from whats written in the story. You have at minimun an Assault III happening in front of you.. In Oregon those guys are shootable and you would be legally justified..if it happend on the Max you'd be a bonified hero
If you survive the criminal courts....
You will also be sued by each thug, or each ones family if you maim/kill each thug.
If you win, you will only be out of pocket about 70k for each thug. If you lose, you will pay each thug or each thug's family most or all of what each thug would have earned for the rest of their life.
Well, you are confusing two separate issues, criminal courts and civil courts. Civil courts are the courts that decide civil and monetary penalties.
Also, its not exactly true that you would pay or even be taken to civil court.... that's always a possibility but I have seen several times where that never happened. I think we would like to believe this ALWAYS goes to civil court but in reality, it happens very seldom.
Most lawyers that would take a civil case like this are working on a contingent- that is, they don't get paid unless they win. If you have a solid use of force, they won't wager losing the time on the case.
...that's one of the responsibilities that comes with the decision to carry... to defend not only yourself, but others that cannot as well...in a similar circumstance I would feel it my duty to protect someone getting beat to **** for telling some thugs to shut up.
And what I'm saying is that civil court is not automatically going to happen. If you're thinking about civil courts when using your firearms, you shouldn't be carrying. Its a consideration when you first start carrying and after everything is done.
You believe you have a duty to protect others? If you calculate the risks, why not?
What if the odds are potentially suicidal?
It did not appear by his post that he was going to jump right in... we can't assume otherwise
What about your duty to come home safely to your family and take care of them?
So we should all just stand by and watch this guy die? Again, there is nothing in the post stating otherwise.
What if the victim initiated the conflict?
What does it matter if the guy precipitated the this by telling these guys to shut up? Did he deserve being beat down?
Because, if we follow that example, a guy flips of another driver and the other driver shoots him, well, you say, that guy deserved to get shot?
Does the victim have any responsibilities here?
To do what? What would you like him to do?
How about his responsibility not to purposely step on a hornet's nest (e.g., telling a group of gangsta thugs to "shut up")?
His words and deeds did not guarantee a violent response.
How about his responsibility to arm himself and be competent with his firearm?
Again, since he did not have a gun, we sit around and watch these guys beat him to death? You don't believe that do you?
How about his responsibility to you to avoid precipitating a dangerous incident that might cause you to have to do your perceived duty?
Repeating.... regardless of what he SAID, he did not go after these guys to fight them. And, at the point where you are going to get involved, it doesn't matter. You can either sit by as a sheep or do something.
That's what they want to see huh? How do you know? How many cases have you been involved in? Or is this what you read?Hogwash. Civil courts should always be a concern, carrying or not.
Physical force, firearm or no firearm, should always be a last resort.
First resort for a prudent person should always be relocate yourself to a safe distance, ESPECIALLY when outnumbered, and call 911. THEN if the thugs approach draw and keep them at a distance.
That is what criminal AND civil courts want to see.
And what is typically best for you and those within your immediate vicinity, especially when the thugs have not drawn weapons but are likely to be armed.... A dead 'hero' or a jailed hero is worthless to everyone.
That's what they want to see huh? How do you know? How many cases have you been involved in? Or is this what you read?
Sometimes, 911 is enough, sometimes, it isn't. Also, if you draw, you are not drawing to keep them at a distance. You are legally drawing with the intent to use lethal force. If they stop, well then the threat changes and that may be all the force you need to use.
I do agree with you that if only calling 911 is needed, then that's all you need to do. If I read the situation though, calling 911 isn't going to stop the attack. If so, great. If not, you personally have to decide if/what you are going to do. That can run a full spectrum of force.
Also, if you read, I also agree with you that civil court is a concern- but not when you are considering using your weapon. Is something you should be thinking about well in advance or after force is used.
In the end, you have to live with what you do. Its not about being a hero. its about doing what is right for everyone involved.
But in this case I would suggest carrying a gun with a swapped out barrel preferably in a different caliber, staying out of camera view and draw down.
I'm not the type of guy to go old west but no one will shed tears for these guys
What does it matter if the guy precipitated the this by telling these guys to shut up? Did he deserve being beat down?
If it's me or my loved ones - I'm wading in without hesitation.
But I'm not likely going to embark on a suicide mission to save the bacon of a stranger that should have been minding his own business in the first place.