My father was at the funeral of his mother.  An argument developed over a last-minute change in the will that the family didn't know about.  Two men, a father and son, want to fight my father who is there alone other than my mother.  The dad pushes and "chest bumps" him from the front while the son keeps trying to grab his right arm from behind.  During the entire time, they are screaming at him and telling him that they want to kick his ass.  They push him out into the parking lot and this continues for a bit.  My father (who is 65 and disabled) tells them that he just won't let them beat him up and will get a "stick or a gun or whatever he has to."  They hear the word "gun" and both of them whip out their phones and call the cops because they are suddenly scared.  My dad takes this chance and walks to his truck and leaves the funeral home.  The cops pull him over on his way home and he is arrested.

There is a pistol in his truck....like there always is and the cops find it.  It was never on his person or touched and his truck was parked quite a ways away from where this occured

The assaulters both admit to chest bumping, pushing, and screaming at my dad.  They even wrote it in their statements.

The prosecutor ignores what they did and charges my dad with felony harassment with a firearm upcharge.  Right now he is looking at a felony and up to 4 years in prison...because he chose an unwise word to try and get out of two younger men kicking the shit out of an old man in the parking lot.

How does this make sense?

He needs a lawyer and hopefully he didn't talk.

In TX that would be "multiple opponents" and disparity of force since he's old. He could have drawn a gun on the spot.

Good luck and I will not violate the COC so will not express my personal opinion on the two attackers.

It'll make more sense when you see their version of what happened.

Big men to hang up on him 2 to 1, they should be charged, your dad would be free if I were on the jury

I did.  They put it all in their statements...which I read.

What state? The answer might be tied to that...

It varies state by state and even by subdivisions withing some states.

There are lots of 'funny' rules out there.

In Virginia fists are NOT 'per se' lethal weapons.

You could argue that a particular persons fists ARE a lethal weapon, but you will have to make the case.

Knocking teeth out is not 'grave bodily injury' without additional evidence being presented.

How 'disparity of force' cases are handled is another thing that is all over the place.

A verbal threat to kill someone allows a different permitted response than simply punching someone in the face or body.
Especially if the person making the deadly threat has means, motive, and opportunity.

Would a 'reasonable man' be in fear of his life?

he needs to press charges for assault and battery

and get a lawyer