Quote:
Originally Posted by den88er
Does anyone know if there are stiffer sentences if a person who does not have a mental illness and they physically attack a person who they know has a mental illness. I have been verbally threatened twice in the past not recent , by the same person. He is in the family and not shy about offending me and I have back down those two times but I feel I did wrong because I feel that I gave him more power to do it again. I made a firm decision to never back down again. If attacking the mentally ill physically is a more serious crime and he knew it it may be a deterrent and keep him at bay.
|
If charges were brought the predator could possibly be charged with a hate crime. Not specifically because of a particular mental illness but because the illness could fall under a handicapped/disabled rubric.
I suspect, though, that ‘family infighting’ wouldn’t immediately be litigated, with no criminal charges brought, but rather counseling imposed upon the predator or for both parties.
You should be careful in your interactions with this family member lest you become the predator. I don’t know the reason or way that this family member is offending you but offense is no defense (I’ve used that joke too many times!) if you take your frustration to the level of inciting fisticuffs.
No, I don’t think that even physical violence would rise to the level of a crime (assuming you’re not paralysed or dead or seriously injured) and I don’t think that physical violence in concert with your mental illness would afford you any greater degree of criminality.
But I’m not a personal injury or criminal defense attorney. You may want to talk to personal injury counsel before the problem becomes violent.