What Is “Mutual Combat” In New Jersey?
Most will agree that there is a major difference between a consensual fight and a nonconsensual assault. When you agree to fight someone, you willingly accept the danger of violence. Some might argue that you are no longer the “victim,” and that you knew what you were getting yourself into. On the other hand, a brazen assault is something that the victim cannot control or prevent. What happens if someone accuses you of assault in Bergen County, even if they agreed to fight you? What exactly is “mutual combat” in New Jersey?
What Is “Mutual Combat?”
The term “mutual combat” refers to willing participants in a consensual fight. Often, it begins with a “challenge” from one fighter to another. If the other fighter accepts this challenge, the fight commences.
In many states, mutual combat is completely legal. However, combatants must follow a number of strict rules if they wish to avoid criminal charges. While these rules vary from state to state, fighters generally need to avoid harming bystanders or damaging property. In addition, the fight must be “fair.”
Over the years, many defendants have successfully used the “mutual combat defense” across the country. High-profile examples include various mixed martial arts fighters who have filmed their fights. In many cases, police officers have stood by and watched – respecting the combatants’ right to engage in mutual combat.
Mutual combat is also a common defense for minors accused of assaulting one another. Often, these fights are planned ahead of time by high school students – with both minors agreeing to participate.
Does New Jersey Have Mutual Combat Laws?
While many other states allow people to engage in mutual combat with no legal repercussions whatsoever, New Jersey is not among them. This should not come as a huge surprise, especially given the states’ tough stance against firearms.
That being said, New Jersey does allow for a “partial defense” if you engaged in mutual combat. With help from an experienced defense attorney, you may be able to pursue more lenient penalties. This could allow you to reduce your simple assault charge from a disorderly persons offense to a petty disorderly offense.
If this partial defense strategy is successful, you could spend a maximum of 30 days in jail. You might also face a fine of up to $500. However, a judge might agree to more lenient penalties, such as house arrest or probation. In some cases, prosecutors might agree to drop charges entirely if both combatants claim that they engaged in mutual combat.
Can an Assault Defense Attorney in Bergen County Help?
If you have been accused of assaulting someone, consider contacting an experienced assault defense lawyer in Bergen County. While it is true that mutual combat is only a partial defense in New Jersey, it could help you avoid severe penalties. Alternatively, other defense strategies could be possible – and you can discuss these possibilities with Phillip J. Murphy, Attorney at Law. Book a consultation with our New City criminal defense lawyers today to get started with a defense strategy.
Sources:
en.wikipedia.org/wiki/Mutual_combat#:~:text=Mutual%20combat%2C%20a%20term%20commonly,in%20defense%20of%20the%20accused.
worldpopulationreview.com/state-rankings/mutual-combat-states
