Violent crime is rarely completely unprovoked and is often the result of a confrontation between two people that has become heated and violent. It can be difficult for courts to differentiate between a simple fight with willing participants and an actual attack where only one person was an abuser. Even if a mutual struggle request is not enough to dismiss a charge, an experienced attorney can use it as a mitigating factor in the Illinois conviction. In 2012, a video featuring Phoenix went viral when he confronted a racist criminal and a confrontation was staged in front of a local police officer. Mutual fighting is illegal; This would allow prosecutors to prosecute both sides. Given that both sides would assert their Fifth Amendment rights against self-incrimination, it would be difficult to condemn them both; As a result, prosecutors generally do not lay charges. Even though both sides claim that the fight was mutually agreed, police often arrested the participant who suffered the fewest injuries and in cases where a participant died. Mutual struggle, a term commonly used in U.S. courts, occurs when two individuals intentionally and consensually engage in a loyal fight[1], [2] without injuring bystanders or damaging property.
Oregon law expressly prohibits mutual struggle, according to section three of ORS 161.215: „A person shall not have the right to use physical force against another person if: Physical force is the product of a struggle by agreement that is not expressly authorized by law.” There have been many cases where this concept has been successfully used to defend the accused. [3] In some cases, however, mutual struggle can lead to murder. [4] In 2012, MMA fighter Phoenix Jones made headlines for fighting. [5] A video of the fight went viral. [6] The Seattle Police Department later defended its officers for not intervening. [3] Seattle Municipal Code 12A.06.025 states that „it is unlawful for any person to intentionally fight with another person in a public place, thereby creating a significant risk of: 1. injury to a person who is not actively involved in the fight; or 2. property damage caused to a person who is not actively participating in the fight. [7] Thus, since the fight did not injure any third party or damage property, it was not prohibited by this law.
The reality is that mutual combat is highly unlikely to be actually legal in Washington. However, this ultimately depends on a judge`s interpretation of the law. The law cited above is vague and there are a number of scenarios that underscore the absurdity of such a law in the United States today. For example, what would happen if a person was fatally injured at the end of the fight? In a real-life two-way situation, this would mean that the party responsible for the death could not be prosecuted. Who is responsible for confirming that the two participants in the fight entered the fight and agreed on an equal footing? Is it acceptable for a man to fight a woman? What age is acceptable to be eligible for mutual struggle? All these questions would have to be answered if such a law existed. A recent decision by the Cook County District Attorney`s Office not to bring charges against five alleged gang members involved in a deadly Chicago shooting has left many residents surprised and confused. Although all five were arrested on suspicion of murder and aggravated assault, they were later released from prison without formal charges. The reason prosecutors are refusing to charge the shooters is because, according to a police report, they were involved in „mutual fights.” But what does that mean? No, this is not some kind of Game of Thrones „fight for my freedom” agreement, in the states of Washington and Texas, you can actually fight in the street, without legal consequences, on one condition, the fight must be supervised by a police officer. Welcome to the mutual struggle.
Prosecutors are less likely to lay charges if one person`s injuries are minor and not much more serious than those of others, and both acknowledge that the fight was mutual. If you tell the authorities that the fight was mutual, you bet that the other person will agree with you. If they disagree with the opinion, you have provided the police with information that could be used if you are charged. In 2012, Canadian model Gabriel Aubry and French film actor Olivier Martinez fought each other to resolve a disagreement, as did Zac Efron in another incident in 2014. Mutual struggle can simply be defined as a fight or struggle in which both sides voluntarily enter or in which two people fight on equal terms. In history, it has been used by two men to settle a dispute when they could not reach a civil settlement. Mutual struggle is similar to the practice of the duel of arms, which was conducted in public as an attempt by a person to restore the honor of the one who declared the duel. Mutual struggle is an old common law concept that allowed two consensual adults to fight without fear of prosecution. Given that this concept was rooted in duel, it is hardly surprising that it has been watered down in today`s society, where such behavior and violence are generally discouraged except in controlled work environments. Consent to consent to an attack resulted in judges having difficulty with agreed fights in everything from contact sports to gang-initiated punches. As a defense lawyer| Lawyers, we find that this area of law is ripe for arguments.
„Officers asked if medical attention was needed for the person who was slapped, and that person refused,” Whitcomb said. „The officers then left the scene before being attacked themselves, by this second party, not by the group of superheroes.” This quote suggests that no actual laws have been broken at this time| Your defense lawyer The lawyer certainly has room for arguments, as there has not yet been a final decision on the definition or application of mutual struggle. That being said, defenders are likely to have the most success in arguing that the attack was „approved” if the damage | The degree of bodily harm was predictable; and the circumstances of the attack are just and/or not contrary to public order. Also, keep in mind that things vary depending on whether a person is charged or prosecuted in municipal, state, or federal court. For example, if you engage in a mutual struggle, at least in the city of Tumwater, the act is an offense in itself. In the city of Seattle, it is only illegal if it poses a „significant risk” of injury to someone who is not involved in the fight or damage to the property of someone who is not actively involved in the fight. If a particular person is seriously injured, the likelihood of a criminal complaint increases significantly. The Washington State Mutual Struggle Act contains a provision that makes fighting a bit difficult legally: to be legal, a fight must be supervised by a police officer. Most of the time, police officers have something better to do with their time than watching a bunch of guys fight. Also in 2012, Gabriel Aubry and Olivier Martinez fought and were not charged. [8] In 2014, after Zac Efron was involved in a fight in Skid Row, law enforcement did not make arrests because they considered it a mutual struggle.
[9] Mutual struggle has been used to dismiss claims for damages,[10] as a legal defense,[11] and to drop charges against struggling students. [12] Mutual struggle is a term commonly used in U.S. courts that occurs when two parties or individuals intentionally and consensually engage in a fight deemed „fair.” No other bystanders or property may be injured. In Washington state, it went even further when heads of state passed a bill that would make street fighting legal under the watchful eye of law enforcement, dubbed a mutual combat law. The latest gang-related shooting reportedly involved two factions of the same gang, the Four Corner Hustlers. Little is known about this incident. However, another Chicago man avoided murder charges last week based on the legal concept of mutual struggle. An Illinois man fatally stabbed another in Schaumburg last week in what looked like a mutual brawl.
As a defense lawyer| Lawyers, disputes or assaults that dispute with each other give rise to many factual discussions. If you or a loved one is investigated or arrested for assaulting someone in a mutual struggle, it is important that they assert their right to counselling and speak to our defence lawyers| Lawyers before making a statement to a police officer or other officer. The law on mutual struggle and self-defense has many subtleties and consulting with a competent criminal defense lawyer ensures that you have a team of highly qualified third parties involved in the decision-making process. If you or a loved one is in jail, lawyers have the right to visit their clients and have a private conversation with them. Every defender | An honest lawyer will always educate and help their clients avoid prosecution. We have helped a significant number of clients avoid charges by making statements to police after proper review. If you decide to make a statement, we ensure that your testimony and all witness information will be accurately recorded by the investigator by contacting the police directly and remaining involved in the interrogation process. Even if we choose not to report, our office will contact investigators on your behalf, let them know that you are exercising your right to remain silent, and explain to you and your family possible arrest and bail issues.