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Old April 29, 2013, 05:02 PM   #23
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
csmsss, Disparity of Force is not required, it is simply one of several factors that could prove helpful for a defense.

For instance, if another guy my size, age, and general health decides to try to use a deadly weapon on me in furtherance of a crime (say, robbery), it doesn't matter if his weapon is better than mine or inferior to mine. The elements for self-defense are met, at least here (I have no duty to retreat).

Where Disparity of Force might come into play would be in the case of an unarmed belligerent, where disparity might justify use of deadly force even though the assailant did not have a deadly weapon.
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