I wont say I can not defend myself?

[Michael Bane]

I strongly urge you to sit down with a local attorney who specializes in or has handled self-defense cases. We often think we know the law, but in reality we have a crazy quilt of what we've heard, what we've read what we've seen on television and the movies, what the guys at the gun club say, etc.

You need specific legal guidelines because of your back injuries...everyone's definition of the "gravest extreme," the point at which you can use lethal force to protect yourself or others, is different (as court cases have repeatedly shown).

Michael B

[TheBowhunter]

Thank you all for your input here I am seeing an attorney tomorrow for other things and I can ask her that question and maybe she can refer Me to someone for this answer.
 I will post what my locals say here. Maybe this could be a subject to air on  the program to help others here as well with similar problems
Thanks all

[Thanos]

I have a very badly damaged leg from being crushed while in the military. I couldn't walk for a year and finally I got a  Disabled Parking Placard so I could get the disabled rate for the train that I used to take to work ($30 vs 160). After reading the fine print I found some really interesting things, like I don't have to feed the parking meters and I can park in spots for longer than the posted times. Needless to say, I have not paid for parking in 5 years. But I degress;

Since I am "disabled" (I cannot run), I consider any incident that I cannot talk my way out of as me backed into a corner. If I felt that someone was going to harm me, my wife or children and I could not back away safely. I would be able to consider using force. (Now before anyone jumps all over this, Force is the LAST resort after trying all other things) Since I can't flee without being caught by even the most out of shape 2nd grader, fleeing (anything more than walking backwards) is not factored in to the equation in my mind. Keep in mind that I once told a guy that his girlfreind could kick my butt so I could avoid a fight.

A guy got out of his car that was in front of mine and hit me in the face at a stoplight. I tailed him till the cops arrived and he got charged with assault and went to jail. His lawyer called me up wanting my side of the story and I told him what happened (Road rage 18yr old kid) He asked me if I got out of my car and I said "No, truthfully it would have been hard because I am disabled"

Silence...

"Do you have a parking thing or plates?" "yes." "okay, was it up at the time?" "I think so...but I am not sure. If you need me to testify in court I will be more than happy to come in" "No, that won't be needed, thank you for your time"

I bet if you got in a situation that you had to use force and they found out you were disabled, they would not try to railroad you, if they did you could always call the ADA. The kid got a lesser assault charge.

[PegLeg45]

I have a very badly damaged leg from being crushed while in the military. I couldn't walk for a year and finally I got a  Disabled Parking Placard so I could get the disabled rate for the train that I used to take to work ($30 vs 160). After reading the fine print I found some really interesting things, like I don't have to feed the parking meters and I can park in spots for longer than the posted times. Needless to say, I have not paid for parking in 5 years. But I degress;

Since I am "disabled" (I cannot run), I consider any incident that I cannot talk my way out of as me backed into a corner. If I felt that someone was going to harm me, my wife or children and I could not back away safely. I would be able to consider using force. (Now before anyone jumps all over this, Force is the LAST resort after trying all other things) Since I can't flee without being caught by even the most out of shape 2nd grader, fleeing (anything more than walking backwards) is not factored in to the equation in my mind. Keep in mind that I once told a guy that his girlfreind could kick my butt so I could avoid a fight.

A guy got out of his car that was in front of mine and hit me in the face at a stoplight. I tailed him till the cops arrived and he got charged with assault and went to jail. His lawyer called me up wanting my side of the story and I told him what happened (Road rage 18yr old kid) He asked me if I got out of my car and I said "No, truthfully it would have been hard because I am disabled"

Silence...

"Do you have a parking thing or plates?" "yes." "okay, was it up at the time?" "I think so...but I am not sure. If you need me to testify in court I will be more than happy to come in" "No, that won't be needed, thank you for your time"

I bet if you got in a situation that you had to use force and they found out you were disabled, they would not try to railroad you, if they did you could always call the ADA. The kid got a lesser assault charge.

I hear you. I'm in the same boat. I can't run so I have a whole different set of 'rules' to play by. If I'm lucky I can hide behind something big (can't squat or kneel either, left knee doesn't bend more than 30 degrees).
Basically, if I can't weasel my way out of a bad situation, and if the SHTF, I got to root in one spot and fight it out.

[devzal]

When there is a legal concern always seek an attorney's advice. God forbid you ever have to use force, but if it happens you should have a lawyer present during questioning, even if you did everything right. The combination of adrenalin, fear, and relief will cause a lot of things to come out of your mouth. An experienced law enforcement officer understands this, but the time waiting to make a statement other than you feared for your life will let you calm down a bit and think more reasonably. You will be at the police station all night anyway. Also talk with a physical therapist, you are most likely familiar with one, they may help you train your back or help you prepare for physical training.

[Sponsor]

[Thanos]

When there is a legal concern always seek an attorney's advice. God forbid you ever have to use force, but if it happens you should have a lawyer present during questioning, even if you did everything right. The combination of adrenalin, fear, and relief will cause a lot of things to come out of your mouth. An experienced law enforcement officer understands this, but the time waiting to make a statement other than you feared for your life will let you calm down a bit and think more reasonably. You will be at the police station all night anyway. Also talk with a physical therapist, you are most likely familiar with one, they may help you train your back or help you prepare for physical training.

A very good point.

[tombogan03884]

NEVER talk to police without a lawyer present, it's what they get paid for. Both the cop and the lawyer have been to school to learn how to deal with these matters, you have not.
There was a thread with a great 45 min. video a while back.

[Jim Urban]

Here's the link to the video Tom was referring to. http://www.regent.edu/admin/media/schlaw/LawPreview/

[Rob Pincus]

Okay, guys... this one's wandering off-course a bit......  Search the forum for the threads on legal issues. Opinions vary.

Bowhunter:  The answer is to get out there and train. Any instructor worth the title is going to accommodate your physical limitations and try to help you become safer.

-RJP

[TheBowhunter]

OK here is a quick debriefing I have spoke to my Attorney , I’m  glade I did to she also has a CCW permit and has looked into some of Kansas’s laws anyhow  this is the information she relayed to me about this problem with my neighbor. then we will close this Topic.
My Attorney stated this situation with neighbor and other situation may differ after looking at his record :
He has been arrested four times for Battery of spouse
One time for child abuse.
Three time for disorderly conduct.
Had Five complaint called in for threat of bodily harm. (By ME).
Five DUI and two were resisting arrest.
All this within a three years , I also know he does drugs you smell it very strong on him and he is very paranoid person as well.
She said she could proof it as justifiable self defense. with his record and show she   could get plenty of neighbors and friends as character witness’s on my behalf. I guess that will cover this 
She said she could show it justifiable. But I still am going to take a class on Close quarters combat course to help me and my wife. I need it and I need to work  strengthen  my back muscles.
Thank all for your in put