Why brandishing is a BAD idea

bullsi1911

http://gawker.com/florida-man-shot-in-ass-protecting-turtle-nests-from-dr-1718921566

Big Chief

Big mistake putting the gun away or drawing it too soon and should have waited until the thug started beating the turtle lovers and just shot him, he may of had been justified from the threats/actions if they were to him personally, I dunno....not enough details.

Fat Billy

I would brandish a baseball bat. If the drunk has a bat it's triple tap time. Next! :up: Later,

Tugar

He now faces charges of aggravated battery with a deadly weapon, possession of a weapon by a convicted felon and battery on a person 65 or older.

Umm...is the charge lesser if the victim is younger?

breamfisher

Yes. Because Florida. Heaven's waiting room.

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.08.html

breamfisher

To me that goes more towards a disparity of force and ability than upgrading a misdemeanor to a felony because of someone's age. Note that the age of the victim is all that matters. If a 22, 42, 62, or 68 year old hits a 70 year old, they both can be guilty of "battery on a person 65 or older" and get upgraded sentence.

tennmike

Might have 'jumped the gun' pulling when he did. However, once pulled, the firearm should not have been returned to his pocket until 1. the guy left of his own accord, or 2. the cops had him cuffed and stuffed in a cruiser. Good read on how not to deescalate a situation, though.

breamfisher

I think that the initiator is the batterer, the other is the batteree, unless said batteree beats the crud out of the initiator beyond a reasonable response.

JasonMPD

Tugar wrote: »

He now faces charges of aggravated battery with a deadly weapon, possession of a weapon by a convicted felon and battery on a person 65 or older.

Umm...is the charge lesser if the victim is younger?

Yes. Agg battery is a Class-2 Felony and doing so on a senior citizen (or child under 13 or a pregnant woman or a disabled person) bumps it up to a Class-1. And has a minimum mandatory sentence of 3 years incarceration.

DoctorWho

I had an incident once at the gas station, a drunk started punching me, it was funny because he punched so weakly, I laughed in his face, he punched like a little girl.
There was no point in drawing on him or hurting him or returning his punches.

He was pretty annoyed not to make much of a dent in an old fat guy.

A patrol car showed up and arrested him for DUI as he was driving off.

Gene L

JasonMPD wrote: »

Yes. Agg battery is a Class-2 Felony and doing so on a senior citizen (or child under 13 or a pregnant woman or a disabled person) bumps it up to a Class-1. And has a minimum mandatory sentence of 3 years incarceration.

Aggravated Battery in GA is a very serious crime, and involves usually severe physical injury resulting in the loss of use of a part of the body, like punching out an eye. I don't remember the particulars, but I think it's more serious than Aggravated Assault, or at least as serious. I don't think the law is more serious if the victim is older, but I can see that in FL where everyone is over 70.

GA also has simple battery which is punching someone or beating someone up without serious lasting injury or other aggravating factors. Then there is Domestic Violence, which can get your right to bear arms taken away.