Can I Be Charged for a Fight I Did Not Start?

 Posted on September 20, 2024 in Violent Crimes

Some people truly are out looking for a fight. Having a run-in with one of them can turn a fun night out into a disaster. Even if you made a good effort to defuse the situation before it escalated into violence, you might still have found yourself caught up in a bar brawl you had no desire to be in. If there were numerous people involved in the brawl, you may not even know what started the fight. While you may have tried to avoid getting in a fight, there is still a chance you could be arrested and charged with assault or battery. An experienced Joliet, IL criminal defense lawyer can help you fight back against unfair charges.

Possible Defenses After Being Arrested for Fighting

If you did not throw the first punch or otherwise start the violence, you may have a good argument for self-defense. If you were attacked first and reasonably believed that you needed to use force to protect yourself or someone else, you had the legal right to do so. However, you cannot prevail on a self-defense claim if you used excessive force beyond what was necessary to stop your opponent from hurting you.

If the other person hit you, so you shoved her into a wall and ran away, you likely used appropriate force. If the other person merely pushed you lightly and you broke his nose in response, you may have a harder time claiming self-defense.

Mutual combat is another possible defense against assault and battery. If the other person made it clear that he or she wanted to fight and you obliged, you may be able to argue that your opponent effectively consented to the fight. In Illinois, there are a few rules about when the mutual combat defense does and does not apply. If you only reacted with proportionate force, the fight was on equal terms, and no deadly force was used, this defense might be available.

Say you were both unarmed and somewhat evenly matched. You got into an argument, then shoved each other a bit and threw a few punches before the fight was broken up. This may be deemed mutual combat. On the other hand, say your opponent lightly pushed you. You turn around and badly beat her with a broken beer bottle. This would be a disproportionate response, and the fight would not be on even terms because you used a weapon. You would probably not be able to use the mutual combat defense.

Contact a Joliet, IL Assault and Battery Lawyer 

Law Offices of Jack L. Zaremba, P.C. is experienced in helping people who have been unfairly charged after being drawn into a fight they did not want to be involved in. Dedicated Will County, IL criminal defense attorney Jack Zaremba will do all he can to design a successful defense. Contact us at 815-740-4025 for a free consultation.