Effect of illness on disparity of force
I'm just getting over something. . . a cold, bad allergies, something. Yesterday I got to thinking of how it was affecting my energy levels, as I'm moving next week and I'm way behind on my packing because I simply haven't had the energy or strength.
I'm not a skilled fighter. I carry regularly, but haven't had the unarmed combat training I really should have. OTOH, I'm 6'3", 240 squishy pounds. I probably look way more intimidating than my skills reflect. I've always wondered if I would have an issue in court justifying a defensive shoot on disparity of force grounds if I'm forced to shoot someone smaller than me, but with more fighting abilities, and that's when I'm at 100%.
What I'm wondering is how is being weakened by being sick would affect that. If you end up having to go to court to defend your actions, it will be long enough after the fact that any illness will be long gone.
I'm discounting injuries here because if you're injured significantly enough to weaken you that far, there will most likely be medical documentation. But how often does your average person get nailed by the latest flu, cold, or other crud going around where you just hole up at home and sleep? If you go to the local Walgreens to buy nyquil, and someone mugs you on your way to your car, how does your weakened state change things?