Two people step outside, square up and throw punches. No one calls the police and there is no complaint filed. It might seem like that should be the end of it, but that is a misconception many people share.
How Texas law treats mutual combat
Under state law, assault occurs when a person intentionally, knowingly or recklessly causes bodily injury to another person. Generally, this applies even if both parties agreed to participate, though specific legal defenses may become relevant depending on the nature of the fight.
It is also worth noting that even if neither party wants to press charges, the state can still prosecute. It is usually the government who charges an individual with a criminal offense, not the alleged victim. So, a reluctant complainant may make prosecution more difficult, but it does not make it impossible.
Where the line shifts from assault to aggravated charges
If one participant pulls a weapon or acts in a way that endangers bystanders, the situation may escalate from a Class A misdemeanor to a felony. Texas law draws a line between simple assault and more serious charges.
Aggravated assault applies when the conduct results in serious bodily injury or the person uses or exhibits a deadly weapon. A broken jaw, a fractured skull or a knife pulled mid-fight can turn a scuffle into a second-degree felony carrying up to 20 years in prison.
Furthermore, deadly conduct is another charge that can arise from a mutual fight. If someone fires a weapon in the direction of another person or engages in conduct that places others at risk of serious harm, that behavior carries its own penalties independent of the assault itself.
What actions you can take next
If you are fighting an assault charge after a fight, a criminal defense attorney can evaluate whether the facts support a viable defense. Self-defense may apply if the other person escalated beyond what you agreed to.
Your attorney may also challenge how the police handled the arrest or whether the prosecution can prove beyond a reasonable doubt that you acted intentionally, knowingly or recklessly.
