QUESTION
What is the law regarding Mutual Combat?
Asked on Dec 19th, 2012 on Criminal Law - Michigan
More details to this question:
My son was shoved at school and when the other boy threatened to hit him with a chair he defended himself by shoving the boy into a locker. My son was then punched in the face after a scuffle. He did not return the blow, but walked away. I am told he could be given a citation for Mutual Combat for what I consider standing up for himself. What is the law?
9 ANSWERS
Gary Moore
He is entitled to take reasonable steps to defend himself.
Answered on Dec 24th, 2012 at 4:13 AM
Michael J. Breczinski
I haven't ever heard of such a thing but self defense is a defense to this. It does not sound like they agreed to fight before it started.
Answered on Dec 21st, 2012 at 3:13 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Schools have enacted zero tolerance rules regarding fighting in school, and often, students who are just defending themselves get reported for mutual combat. I believe that this zero tolerance situation often punishes the wrong child, but my opinion on that means nothing.
Answered on Dec 21st, 2012 at 2:52 AM
John J. Carney
You have not told me what state it is in, but in New York state you can be arrested for assault simply because someone goes to the police first and makes a complaint. Then you must retain a good lawyer to defend the case and possible file a cross complaint if the police will allow it.
Answered on Dec 21st, 2012 at 1:29 AM
In Colorado, a mutually agreed fight in a public place is "disorderly conduct," a class 3 misdemeanor. However, if your son was being assaulted, he may claim "self-defense," which if properly grounded, should be a complete defense to any charge.
Answered on Dec 21st, 2012 at 1:22 AM
3 Awards
Get statements from anyone and everyone that was around that will give you a statement. A person doesn't have to back down and allow someone to assault them or threaten them HOWEVER can not become the aggressor. Self defense is the concept. Make sure he has an experienced attorney.
Answered on Dec 21st, 2012 at 1:20 AM
Criminal Attorney serving Downey, CA
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Law Offices of Timothy E. Nilan, APLC
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There is no citation for "mutual combat." Your son is allowed to reasonably defend himself.
Answered on Dec 21st, 2012 at 1:04 AM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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"Mutual Combat" is the grey area between "assault" and "self-defense". In California, a person may use force to defend himself only if he has no other options to avoid the harm (e.g. by running away). You do not have the right to "stand your ground" in CA except in your own home or workplace. Put shortly, force may only be used as an absolute last resort. Even when force might be warranted in self-defense, a person may only use the degree of force that is necessary and proportional to the threat. If your son used more force than was necessary or used force when he could have avoided it, he might not have a valid "self-defense" argument. Of course, neither of us saw the incident so it is impossible for me to guess what the other witnesses might have told the police. I'd need a lot more info before I could settle on the best strategy to fight this case.
Answered on Dec 21st, 2012 at 1:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The issue is that your son initiated the contact, however he certainly also has a right to defend himself. The question will be if the initial assault (threat of immediate harm) was diffident to make his action defensive in nature.
Answered on Dec 21st, 2012 at 12:59 AM