Some people accused of assault became physical with another person in a moment of intense emotions. It may have been a one-sided incident. Other times, both of the people involved in an altercation chose to resolve a dispute with physical aggression.
Two people arguing with one another might agree to settle their dispute with a physical confrontation. People refer to such arrangements as mutual combat, meaning that both people agreed to engage in a scuffle or fight.
If the state prosecutes one of the parties involved in the altercation, can they avoid a criminal conviction by asserting that they engaged in mutual combat through agreement with the other party?
Mutual combat may still constitute assault
People typically cannot agree to break the law and avoid consequences. Mutual combat can still lead to criminal prosecution, particularly if there were witnesses who contacted local authorities or if either party sustained major injuries because the confrontation spiraled out of control.
Current criminal statutes allow for simple assault charges in cases where combatants agreed to a physical confrontation but state authorities wound up involved. If a defendant pleads guilty to or gets convicted of simple assault charges, they could face jail time, fines and life with a criminal record.
In cases involving mutual combat, the state may downgrade the charge from a second-degree misdemeanor to a third-degree misdemeanor offense. The penalties imposed could include up to a year in jail and $2,500 in fines.
While claims of mutual combat do not prevent assault charges, there may be ways for defendants to avoid convictions or limit the sentence imposed by the courts. Reviewing a situation that led to assault charges with a skilled legal team can help people respond appropriately to allegations of violence.
