Protected class questions

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rottman43055
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Protected class questions

Post by rottman43055 »

A while back I was reading crime reports and a guy had stolen a bicycle from a senior citizens apt building. There was either an upgrade or an additional charge because he had stolen it from a protected class of person.

This got me thinking about assault, self defense etc.

All I could find online was pertaining to protected class had to do with age discrimination at age 40.

So I'm wondering a few things.

One, what age do criminals get extra charges for committing a crime against you.

Also, would that age (whatever it is) allow a person a little more freedom to defend themselves, especially unarmed self defense situation against someone younger and in better shape.

I wonder about the second part because to use myself as an example I have a right hip that needs replaced, a left knee with torn cartilage and currently running isn't an option and this has taken a toll on my conditioning, so the self defense drills I do for hand to hand combat are the rather disabling type because I do not want to test my "throwing hands" skills against a BG but instead end the threat quickly. I think many here can see where I'm going with that.

I hope these questions are making sense. It's busy here and hard to think talk.

Thanks
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schmieg
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Re: Protected class questions

Post by schmieg »

You have a duty to retreat outside of your home and car when faced with a threat, but that is a duty to safely retreat. If you can't run or move quickly, that has to be taken into account, though you will bear the burden of proof on showing that retreat was not feasible in a safe manner. The nature of the threat must also be considered. To use deadly force to neutralize the threat requires that the threat be a serious threat to you. If the assailant is unarmed, but is a 250 pound football player while you are a physically limited individual, the threat is probably more serious than if the assailant is a 90 pound elderly woman. Each case will be decided on its own merits after several days of trial and analysis by a jury which will take everything into consideration and use plenty of time to decide whether the action you chose in the seconds or less available to you was reasonable.
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Re: Protected class questions

Post by SMMAssociates »

Mike:

"Err in haste, repent at leisure"....

Which kinda doesn't help the attack victim, but it may help attack the prosecution's attempt to go after you.

Ain't OH law wonderful? :mrgreen:

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Stu.

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(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)

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JediSkipdogg
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Re: Protected class questions

Post by JediSkipdogg »

rottman, keep in mind not all crimes have subsections granting protect classes enhanced crimes on the offender. Theft is an easy one because it is spelled out in 2913.02(B)(3)....

Except as otherwise provided in division (B)(4), (5), (6), (7), (8), or (9) of this section, if the victim of the offense is an elderly person , disabled adult, active duty service member, or spouse of an active duty service member, a violation of this section is theft from a person in a protected class, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from a person in a protected class is a felony of the fifth degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from a person in a protected class is a felony of the fourth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from a person in a protected class is a felony of the third degree. If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from a person in a protected class is a felony of the first degree.

The ORC defines elderly as anyone 65 or older. Now, in terms of self-defense, you don't get anything based on age. You are either clear or not clear in the shooting. If you are a 75 year old grandmother that shakes when she shoots and hits a bystander instead of the suspect, you most likely will lose.
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rottman43055
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Re: Protected class questions

Post by rottman43055 »

Thanks for the replies.

I guess I was wondering if a person minding their own business and some jacked up ex con (which is becoming all to common around here) starts to physically assault them and the BG ends up with a severe injury say either to his eyes, ears, throat, testicles etc. with no weapon involved would the GG face any kind of charges.

Honestly, I figure the GG would be hosed in our twisted society. Sigh ....
Avoiding danger is no safer in the long run than outright exposure. The fearful are caught as often as the bold.
Helen Keller


The tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants. - Thomas Jefferson
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schmieg
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Re: Protected class questions

Post by schmieg »

rottman43055 wrote:Thanks for the replies.

I guess I was wondering if a person minding their own business and some jacked up ex con (which is becoming all to common around here) starts to physically assault them and the BG ends up with a severe injury say either to his eyes, ears, throat, testicles etc. with no weapon involved would the GG face any kind of charges.

Honestly, I figure the GG would be hosed in our twisted society. Sigh ....
Possibly. It depends on the circumstances and what the investigation turns up. If the defensive responsive force is significantly greater than necessary and significantly greater than the force of the initial assault, then charges are probably likely. It will depend on whether is is a reasonable and necessary response to protect the individual from the attack.

You want a black and white answer. You are not going to get one.
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rottman43055
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Re: Protected class questions

Post by rottman43055 »

schmieg wrote:
rottman43055 wrote:Thanks for the replies.

I guess I was wondering if a person minding their own business and some jacked up ex con (which is becoming all to common around here) starts to physically assault them and the BG ends up with a severe injury say either to his eyes, ears, throat, testicles etc. with no weapon involved would the GG face any kind of charges.

Honestly, I figure the GG would be hosed in our twisted society. Sigh ....
Possibly. It depends on the circumstances and what the investigation turns up. If the defensive responsive force is significantly greater than necessary and significantly greater than the force of the initial assault, then charges are probably likely. It will depend on whether is is a reasonable and necessary response to protect the individual from the attack.

You want a black and white answer. You are not going to get one.
I feel you are right. It's odd in a SD defense situation we are supposed to be able to gage the amount of force to stop a threat. I don't know how based on real life situations. If you underestimate it could cost you your life, over estimate could cost you your freedom. The LAC minding his business seems to be getting victimized twice IMO.

I have seen many videos of people not aggressively attacking their attacker and suddenly a knife comes out of nowhere and the GG loses.

The real life examples I have witnessed would be a little strong for this forum so I won't detail them.

Anyway thank you for the replies, I always value your input. Have a great day my friend.
Avoiding danger is no safer in the long run than outright exposure. The fearful are caught as often as the bold.
Helen Keller


The tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants. - Thomas Jefferson
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