Legal troubles can be a severe consequence of a night of drinking that escalates into a brawl. When confronted with assault charges from a bar fight, many people in this situation wonder if they can claim “mutual combat” as a defense.
Mutual combat is when two parties voluntarily engage in a physical altercation with equal aggression. In theory, if both individuals willingly participated in the fight, they should share equal responsibility for the consequences. However, claiming mutual combat as a defense is not as simple as it sounds.
Mutual combat does not provide blanket protection
In Georgia, mutual combat may reduce the severity of assault charges. Still, this does not mean that claiming mutual combat will automatically clear you of all charges. The court often considers several factors:
- Was there an explicit agreement to fight?
- Did both parties have equal ability to inflict harm?
- Was the fight fair, without weapons or excessive force?
- Did either party attempt to withdraw from the fight?
Using mutual combat as a defense becomes more complicated in a bar fight scenario. Alcohol consumption can cloud judgment and make it difficult to prove that both parties clearly consented to the fight
Even if you manage to establish mutual combat, it does not warrant immunity from legal repercussions. Bar owners or other patrons may still press charges for property damage or disturbance of peace.
It is also important to note that a person who engages in mutual combat cannot claim self-defense unless they withdraw from the fight and clearly communicate this withdrawal to the other party. This withdrawal must occur before the alleged criminal act takes place.
Do not take chances with your freedom
Claiming mutual combat without a solid understanding of the law and the evidence is risky. When contending with assault accusations, it is best to work with a skilled criminal defense lawyer to explore other defense strategies. The sooner you consult with one, the better equipped you will be to manage the legal implications of a bar fight.
