Arguments can escalate quickly, especially in emotionally charged situations involving partners, friends, or strangers. Sometimes, both people throw punches or make threats, and when police arrive, they can’t immediately tell who started it. As a result, both parties end up arrested and charged with assault.
If you’re wondering what happens next, you’re not alone. Minnesota law allows prosecutors to charge each person individually, even if both claim self-defense or blame the other. Here’s what you need to know about mutual assault cases, how police decide who to charge, and what defenses may apply.
How Minnesota defines assault
Under Minnesota Statutes § 609.224, a person commits assault if they:
- Intentionally cause fear in another person of immediate bodily harm or death, or
- Intentionally inflict or attempt to inflict bodily harm upon another person.
This means physical contact isn’t required — even threatening gestures or words that cause fear can lead to assault charges.
When both people exchange blows or threats, police may decide that each person committed an intentional act of harm, which can lead to dual arrests and separate criminal cases.
Learn more about assault law on Martine Law’s Minnesota assault defense page.
Why both people can be charged
Minnesota police and prosecutors don’t decide guilt on the spot. If there’s evidence that both parties used force, even if it started as self-defense, they may arrest both and let the court determine what really happened.
This often occurs when:
- Witness statements conflict, and no one can tell who was the aggressor.
- Both people have visible injuries.
- Each person accuses the other of starting the fight.
- Alcohol or emotions were involved, clouding judgment and recollection.
Once charges are filed, each person’s case is handled independently, meaning both must defend themselves in separate proceedings, often with conflicting versions of events.
Common scenarios that lead to dual assault charges
- Domestic disputes – A heated argument between partners turns physical, and both claim the other started it.
- Bar or street fights – Each person throws punches or claims they were defending themselves.
- Neighbor or roommate conflicts – Longstanding tension leads to mutual aggression.
- Family altercations – Siblings, parents, or relatives engage in physical confrontation, and police charge everyone involved.
In these situations, police tend to err on the side of caution and arrest both parties to prevent further escalation.
What “mutual combat” means in Minnesota
Minnesota recognizes a concept known as mutual combat, when two people voluntarily engage in a physical fight.
However, “mutual combat” is not a legal defense that automatically clears both sides. The law still prohibits fighting, even if both agreed to it. But the idea can help reduce charges or show that neither party acted with criminal intent.
For example:
- If both people willingly fought without serious injuries, the court might treat it as a misdemeanor fifth-degree assault instead of a felony.
- In some cases, prosecutors may dismiss both charges or offer diversion programs if neither person has a criminal record and both take responsibility.
The role of self-defense in mutual assault cases
The most common defense when both people are charged is self-defense. Under Minnesota law, you have the right to protect yourself or someone else if:
- You reasonably believed you were in danger of bodily harm, and
- You used only the force necessary to protect yourself.
However, self-defense does not apply if you were the primary aggressor or if you used excessive force after the threat ended.
In dual-assault situations, each side often claims self-defense — so the court will carefully analyze:
- Who started the fight,
- Who escalated the force,
- Whether either person tried to withdraw, and
- Whether the response was proportionate to the threat.
Surveillance footage, witness statements, and injury reports play a crucial role in determining whose claim is stronger.
Possible penalties for assault in Minnesota
The severity of your charge depends on the circumstances and the injuries involved:
Fifth-Degree Assault (Misdemeanor)
- Applies to most fights without serious injury.
- Penalty: Up to 90 days in jail and a $1,000 fine.
Gross Misdemeanor or Felony Assault
- If there are prior convictions, serious injuries, or weapons involved.
- Penalties: Up to 5–20 years in prison and fines of $10,000 or more.
In domestic assault cases, even a misdemeanor conviction can result in loss of firearm rights, restraining orders, and lasting criminal records.
Learn more about these penalties at Martine Law’s criminal defense page.
What to do if both of you are charged
If both you and the other person are charged with assault, take the situation seriously — even if you think “we were both at fault.” Here’s what to do:
1. Do not contact the other person
Even if you want to apologize or clear things up, contact can violate release conditions or protection orders. Communicate only through your attorney.
2. Avoid discussing the case publicly
Do not post about the incident online or share details with friends. Anything you say could be used as evidence.
3. Gather your evidence
Save texts, photos of injuries, witness names, and any surveillance footage that supports your side of the story.
4. Document your injuries and behavior after the fight
Medical records or photos can show you acted defensively or sustained injuries consistent with self-defense.
Hire a defense attorney immediately
Your lawyer can:
- Analyze police reports for inconsistencies,
- Argue that you acted in self-defense,
- Negotiate dismissal or diversion if both sides share blame, and
- Protect you from unfair plea deals or mutual blame in court.
When prosecutors may drop one or both charges
Prosecutors might dismiss one or both assault charges if:
- Evidence shows one person clearly acted in self-defense,
- There’s insufficient evidence to prove intent or injury,
- Both parties agree to mutual no-contact terms, or
- The case is referred to a diversion or restorative justice program.
However, dismissal isn’t automatic. Without strong representation and clear evidence, you could still face conviction even if the other person shares fault.
Key takeaways
- Both people can be charged with assault in Minnesota if police believe each used force or threats.
- “Mutual combat” doesn’t excuse the behavior but can influence how prosecutors handle the case.
- Self-defense is the strongest legal defense, but it must be proven through evidence and credible testimony.
- Dual assault cases require careful handling — what you say or do after the incident can affect the outcome.
Having an experienced criminal defense attorney can make the difference between a conviction and a dismissal.
If you and another person were both charged with assault in Minnesota, you need a lawyer who can clarify your rights, present your side, and protect your future. At Martine Law, our defense attorneys understand how to handle complex “mutual fight” and dual-charging cases.
We’ll evaluate your evidence, negotiate with prosecutors, and fight to reduce or dismiss your charges.
Contact Martine Law today for a confidential consultation.
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Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.