what would happen if some ole geezer or geezerette wearing a MAGA hat and was packin' and then some idiot would come up and take his/her hat, and in the process, knock him/her down.
First of all, would that be assault and secondly would it also be disparity of force, resulting in a call for Mr. Glock?
I hope that this doesn't happen.
Yes that is an assault, and there is disparity of force (age/size), but once you were knocked down, if he just stood there and offered no more violence (but yelling), deadly force at that point would be a mistake.
While on the floor, shooting him in the foot would clearly show no intent to kill, but you'd probably still get charged with something (aggravated assault). The law would say his assault was over, then you assaulted him.
Now if he leaned in and went to work on you, put one in his head.
