Physical violence is typically against the law, especially if people sustain noteworthy injuries as a result of violent acts. Assault charges can follow one party accusing another of an unwarranted attack. They can also arise because other people reach out to law enforcement when they witness an altercation.
The individuals involved in a fight at a bar or social event may face assault charges if police officers believe that inappropriate physical violence occurred and decide to arrest one or both of the participants. Neither of those people may have considered their actions an assault, especially if they agreed to fight.
Can those who claim that an injurious situation involved mutual combat use that assertion to avoid criminal prosecution?
The state does not recognize mutual combat
The idea of mutual combat or agreeing to resolve a dispute with physical violence is quite old. Centuries ago, some countries allowed people to settle disputes with duels using deadly weapons.
Even when the attempt to settle a dispute with violence only involves fists, such arrangements are typically not legal. Only a few jurisdictions in the United States recognize mutual combat as a defense when facing allegations of assault. South Dakota generally does not recognize mutual combat as a defense against assault charges.
There are certain exceptions. In scenarios where people participate in organized sports like boxing, even at the amateur level, assault charges for a planned fight or training match are unlikely. Occasionally, prosecutors may decline to press charges in certain situation. If neither party involved in the incident wants to prosecute the other and they avoided endangering others or damaging property during the altercation, the state may decline to prosecute the people involved in rare cases.
However, mounting an affirmative defense of mutual combat is unlikely to work in criminal court if prosecutors pursue charges. In some cases, an individual who got arrested after a fistfight may be able to establish that their actions were in fact acts of self-defense because the other party threatened them or through the first punch. Unfortunately, those who publicly discussed a fight and planned to meet another person in mutual combat may not be able to raise a claim of self-defense.
Reviewing the exact circumstances that led to an arrest with a skilled legal team can help those accused of assault and other violent crimes determine the best way to fight their pending charges. The nuances of state law can potentially play an important role in a criminal defense strategy.