TheGoldenState
New member
How can waving a cane 1 foot away from someone be an attempted assault, much less an actual assault?
Not being sarcastic, really want to know.
recently attacked by man with cane
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How can waving a cane 1 foot away from someone be an attempted assault, much less an actual assault?
Not being sarcastic, really want to know.
carguychris
New member
The usual legal definition of assault is a threat of bodily harm coupled with the apparent means and intent to carry through with the threat.
IMHO threatening someone with a blunt instrument from a distance is certainly assault if the person could readily close the distance and carry through with his/her threat. 1 foot is certainly close enough if the person is free to move.
Remember, assault only requires the actor to make a realistic and plausible threat, not to actually act on it.
sonnycrockett
Moderator
Blow him away !
JK JK,,,,,,,,,,you would get your but handed to you in court if you
pulled out a gun on a guy with a cane,now if you were on the floor
bloody and beaten well,then I think you can justify use of protection
JK JK,,,,,,,,,,you would get your but handed to you in court if you
pulled out a gun on a guy with a cane,now if you were on the floor
bloody and beaten well,then I think you can justify use of protection
Capt. Charlie
Moderator Emeritus
Just a bit of clarification here folks. The definition of "assault" and "battery" varies from state to state.
In Ohio, assault assumes roughly the same definition that other states apply to battery.
In the OP's situation, the most the old man could've been charged with would've been aggravated menacing.
In Ohio, assault assumes roughly the same definition that other states apply to battery.
In the OP's situation, the most the old man could've been charged with would've been aggravated menacing.
TheGoldenState
New member
Like i said, i was really looking for an answer, not dismissing the comment.
Thanks for clarification.
Wildalaska
Moderator
OK, thanks Capt. Taking your analysis of the charge at face value (I would have course, as a police officer or a prosecutor, charged assault ,which in Ohio covers attempt, my question would then stand, with the above amendment.
Good Morning
WildihopeiammakingmypointhereAlaska ™©2002-2010
Daugherty16
New member
Perhaps the Issue is Situational Awareness, not
whether you would shoot an old man. Noone disputes that a cane could be a very effective weapon, whether used with skill, luck, or surprise. For that matter, so can a tightly rolled newspaper. From what i read, it seemed that the OP registered the verbal onslaught early on, but the cane was only 12 inches away from his nose before it registered. Had the guy been an old madman instead of an old mad man, i have little doubt the OP would be nursing a large bump on his head or worse. It's a little late to put distance between you and an attacker if your skull is already fractured.
Lesson, if there is one?
Threats can come from unexpected places, at unexpected times, even on the courthouse steps from an octegenarian (however unlikely). It's a practical impossibility to remain in code yellow 24/7, but this thread is a good reminder of why we try. Fortunately, nobody was hurt and it's only a theoretical lesson.
whether you would shoot an old man. Noone disputes that a cane could be a very effective weapon, whether used with skill, luck, or surprise. For that matter, so can a tightly rolled newspaper. From what i read, it seemed that the OP registered the verbal onslaught early on, but the cane was only 12 inches away from his nose before it registered. Had the guy been an old madman instead of an old mad man, i have little doubt the OP would be nursing a large bump on his head or worse. It's a little late to put distance between you and an attacker if your skull is already fractured.
Lesson, if there is one?
Threats can come from unexpected places, at unexpected times, even on the courthouse steps from an octegenarian (however unlikely). It's a practical impossibility to remain in code yellow 24/7, but this thread is a good reminder of why we try. Fortunately, nobody was hurt and it's only a theoretical lesson.
I agree that pumping hot lead into an old man with a cane would be unconscionable.
I would have actually waited until he stuck it into my only good eye.
Of course, then I'd have been blind and unable to shoot...ever again.
Knowing that I'd exercised restraint would have been consoling as I tapped around with my white cane.
I would have actually waited until he stuck it into my only good eye.
Of course, then I'd have been blind and unable to shoot...ever again.
Knowing that I'd exercised restraint would have been consoling as I tapped around with my white cane.
This brings back memories of Grandpa and his cane..... He was in WW2, one day in the phillipines he was captured by Jap forces and made to walk to bataan. He suffered from that the rest of his life, had to use a cane to walk and keep his balance. Was slower than a snail but so fast with the cane. All it took was for you to forget the reach, then smack, the cane. It hurt.
One day I was fightin with my brother, I grabbed that cane and whacked him across the knees, he went down hard. I thought I broke his legs and was feared about telling mom or dad. Respect the cane, but keep out of its reach and you will be OK, old men cant run fast for the most part.
Sure do miss Grandpa, dont miss that cane tho.
One day I was fightin with my brother, I grabbed that cane and whacked him across the knees, he went down hard. I thought I broke his legs and was feared about telling mom or dad. Respect the cane, but keep out of its reach and you will be OK, old men cant run fast for the most part.
Sure do miss Grandpa, dont miss that cane tho.
"Geez doc can't you back up? Or is there a reason you let the old man stay so close?"
Since we're talking theory here, what if I was in a position where I couldn't back up?
What if I'd just sat down into my car seat and he blocked the door before I could close it?
My point, in case you missed it, was it's not always "this or that", "black or white".
Of course, an old man with a cane seems as if he couldn't pose a significant threat.
But that might not always be true.
Since we're talking theory here, what if I was in a position where I couldn't back up?
What if I'd just sat down into my car seat and he blocked the door before I could close it?
My point, in case you missed it, was it's not always "this or that", "black or white".
Of course, an old man with a cane seems as if he couldn't pose a significant threat.
But that might not always be true.
robmkivseries70
New member
Just an FYI, I have been told that "Sensei" in Japanese, actually means "old man". Now, where can I get a book on 'cane' self defense techniques? Thanks!
Best,
Rob
Best,
Rob
aarondhgraham
New member
Now, where can I get a book on 'cane' self defense techniques?
Google: LAPD + baton techniques
You will get more book and training info than you can ever read.
Walking stick was the only weapon Mr. Chan (my old Tae Kwan Do teacher) would give us instruction in,,,
We had all just seen Enter the Dragon and we wanted to learn nunchako,,,
He said, why train in something you can't carry around town,,,
He was right, the walking stick is formidable.
If it wasn't such a pita to carry the danged thing around all the time,,,
I would feel relatively well armed with my ash wood cane.
.
Google: LAPD + baton techniques
You will get more book and training info than you can ever read.
Walking stick was the only weapon Mr. Chan (my old Tae Kwan Do teacher) would give us instruction in,,,
We had all just seen Enter the Dragon and we wanted to learn nunchako,,,
He said, why train in something you can't carry around town,,,
He was right, the walking stick is formidable.
If it wasn't such a pita to carry the danged thing around all the time,,,
I would feel relatively well armed with my ash wood cane.
.
thesheepdog
New member
Krav Maga-just watched my instructor demo it last week.
+1 donron if it's an elderly man with a cane or move in quick and check his pulse and let him know he needs to calm down before he has a heart attack (humor) 
. But yes I'd probably just leave and let him stew. Now, if a saw a blade pop out of the end of the cane that might change things.
. But yes I'd probably just leave and let him stew. Now, if a saw a blade pop out of the end of the cane that might change things.Catfishman
New member
I bothers me that you think this confrontation may have ended differently had you been carrying. Maybe you shouldn't carry.
You can't pull a gun out to deffuse a situation it may very well escalate the heck out of a situation and lead to your being required to "pump hot lead into someone". Guns aren't for flashing at someone to anoint youself as the winner of an argument. Guns are for shooting someone.
I would hope that anyone would accept the small chance of getting his butt whipped by an old man, rather that pulling a gun out.
Colorado Redneck
New member
Get away. No shame in moving away from any kind of potential attack. If the attacker comes after you then choices have to be made.
One can get irrational in a hurry when confronted with potential violence. if the other person is irrational, it can go to blows, and one never ever knows the outcome. Our culture is so cranked up on phony violence portrayed in movies that many have no clue how bad the other person can be, or how bad you can get nailed.
A gun, in my opinion is the last resort when you feel your life is threatend.
One can get irrational in a hurry when confronted with potential violence. if the other person is irrational, it can go to blows, and one never ever knows the outcome. Our culture is so cranked up on phony violence portrayed in movies that many have no clue how bad the other person can be, or how bad you can get nailed.
A gun, in my opinion is the last resort when you feel your life is threatend.
Glenn E. Meyer
New member
Not my forum, but I think this has run its course. Yes, a cane is dangerous. Yes, it is an old man from whom, you could probably just run for it.
No, jumping in your car to retrieve your gat and/or roscoe probably isn't a good plan.
So to all a good night or morning.
Glenn
No, jumping in your car to retrieve your gat and/or roscoe probably isn't a good plan.
So to all a good night or morning.
Glenn
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