How to Legally Defend Yourself when Assaulted by an Elderly Person
Retreat if possible., Avoid making aggressive moves., Call the police., Record the altercation.
Step-by-Step Guide
-
Step 1: Retreat if possible.
Many states have "stand your ground" laws that expand self-defense by allowing you to use force without retreating.
Other states include a duty to retreat, which means if there's a way to escape from an assault you must take it.If you're assaulted by an elderly person, however, you should always retreat if there's a way to do so.
Even if your state's law allows you to stand your ground and defend yourself rather than retreating, this privilege may not apply when your assailant is an elderly person.
Particularly if you are younger and more able-bodied compared to your assailant, law enforcement and the public will have a difficult time believing that you are the victim.
Even if you are closer in age to the person who has assaulted you, retreat typically will be a better option for you than standing your ground and fighting the person. -
Step 2: Avoid making aggressive moves.
Elderly people are much more easily injured than younger, more able-bodied people.
Fighting back against the person who has assaulted you may result in significant injury.If your assailant ends up being more injured than you are, there is a high likelihood that people will believe you actually started the altercation.
You also must be careful not to escalate the situation.
In many states you lose your right to self-defense if you escalate the level of violence in an argument.
For example, if the elderly person has verbally assaulted you but has not physically assaulted you, and you respond by punching them, there's a significant risk that you will be viewed as the aggressor. , If you are much younger than the person assaulting you, it may seem counter-intuitive to call the police.
Given that senior citizens enjoy extensive legal protection, you may assume that if police do become involved they will immediately take the elderly person's side.However, this isn't always the case.
Calling the police first can give you the upper hand.
When officers arrive on the scene, they typically will speak with you first since you're the one who called.
If you personally know your assailant, you may be able to provide some background to the officers that they otherwise would not know.
For example, suppose you care for your grandmother.
She is known to lash out violently if she hasn't taken her medication.
You found pills in the trash and confronted her about it, and she assaulted you.
In some states, the police must actually see an assault before they can arrest the person.
You may not be able to do anything in the middle of an altercation, but it may be possible for a bystander to alert law enforcement.
Refrain from making any aggressive moves or fighting back against the person.
If they are trying to punch or kick you, try to dodge or shield yourself from the blows, but don't return any blows of your own. , If you have a smart phone, you might want to try to tape the altercation.
This can be difficult if you're in the middle of an altercation.
However, such a video often can shed light on a situation.Keep in mind that most people will have a difficult time believing that you were assaulted by an elderly person.
This is particularly true if you are younger than your assailant.
A video of the altercation can make it easier to identify who initiated physical violence, or who was responsible for escalating a verbal argument.
It's possible for bystanders to record the altercation as well.
If you get into a fight in public, you might want to speak to any witnesses and find out if they shot any video. -
Step 3: Call the police.
-
Step 4: Record the altercation.
Detailed Guide
Many states have "stand your ground" laws that expand self-defense by allowing you to use force without retreating.
Other states include a duty to retreat, which means if there's a way to escape from an assault you must take it.If you're assaulted by an elderly person, however, you should always retreat if there's a way to do so.
Even if your state's law allows you to stand your ground and defend yourself rather than retreating, this privilege may not apply when your assailant is an elderly person.
Particularly if you are younger and more able-bodied compared to your assailant, law enforcement and the public will have a difficult time believing that you are the victim.
Even if you are closer in age to the person who has assaulted you, retreat typically will be a better option for you than standing your ground and fighting the person.
Elderly people are much more easily injured than younger, more able-bodied people.
Fighting back against the person who has assaulted you may result in significant injury.If your assailant ends up being more injured than you are, there is a high likelihood that people will believe you actually started the altercation.
You also must be careful not to escalate the situation.
In many states you lose your right to self-defense if you escalate the level of violence in an argument.
For example, if the elderly person has verbally assaulted you but has not physically assaulted you, and you respond by punching them, there's a significant risk that you will be viewed as the aggressor. , If you are much younger than the person assaulting you, it may seem counter-intuitive to call the police.
Given that senior citizens enjoy extensive legal protection, you may assume that if police do become involved they will immediately take the elderly person's side.However, this isn't always the case.
Calling the police first can give you the upper hand.
When officers arrive on the scene, they typically will speak with you first since you're the one who called.
If you personally know your assailant, you may be able to provide some background to the officers that they otherwise would not know.
For example, suppose you care for your grandmother.
She is known to lash out violently if she hasn't taken her medication.
You found pills in the trash and confronted her about it, and she assaulted you.
In some states, the police must actually see an assault before they can arrest the person.
You may not be able to do anything in the middle of an altercation, but it may be possible for a bystander to alert law enforcement.
Refrain from making any aggressive moves or fighting back against the person.
If they are trying to punch or kick you, try to dodge or shield yourself from the blows, but don't return any blows of your own. , If you have a smart phone, you might want to try to tape the altercation.
This can be difficult if you're in the middle of an altercation.
However, such a video often can shed light on a situation.Keep in mind that most people will have a difficult time believing that you were assaulted by an elderly person.
This is particularly true if you are younger than your assailant.
A video of the altercation can make it easier to identify who initiated physical violence, or who was responsible for escalating a verbal argument.
It's possible for bystanders to record the altercation as well.
If you get into a fight in public, you might want to speak to any witnesses and find out if they shot any video.
About the Author
Deborah Kennedy
Professional writer focused on creating easy-to-follow hobbies tutorials.
Rate This Guide
How helpful was this guide? Click to rate: