“Mutual Combat” in Minnesota Assault Cases: When Both Sides Say It Was a Fight

Assault cases in Minnesota are rarely simple. One of the most common complications arises when both people involved in a fight claim they were defending themselves. Lawyers and courts sometimes refer to this as “mutual combat.”

Can mutual combat be a defense in Minnesota? This guide explains what the law states, how courts handle situations where both parties agree that a fight occurred, and what defense strategies are available.

Contact an expert lawyer today.

How Minnesota Defines Assault

Under Minn. Stat. § 609.02, subd. 10, assault is defined as:

1. An act done with intent to cause fear in another of immediate bodily harm or death, or 
2. The intentional infliction or attempted infliction of bodily harm on another. 

This means a shove, a punch, or even threatening gestures can lead to criminal charges, even if the other person “started it.”

Minnesota recognizes different degrees of assault, ranging from fifth-degree misdemeanor assault to first-degree felony assault depending on the harm caused, weapons used, or the identity of the victim. You can read the details in Minn. Stat. §§ 609.221–609.224.

What Is “Mutual Combat”?

Mutual combat refers to situations where both parties willingly engage in a fight. Unlike a one-sided attack, mutual combat often starts with insults, challenges, or a consensual decision to “settle things physically.”

Examples:

• Two people in a bar argue, step outside, and agree to fight. 
• Neighbors in a dispute both throw punches after exchanging threats. 
• Classmates “square up” in a schoolyard brawl. 

Even if both sides wanted to fight, Minnesota law does not automatically excuse assault. Police and prosecutors can, and often do, charge one or both participants.

How Minnesota Courts View Mutual Combat

Minnesota does not have a statute that specifically excuses “mutual combat.” Instead, courts analyze these cases under existing laws about self-defense and consent.

1. Self-Defense Limits

Minnesota allows people to defend themselves if they reasonably believe they are in imminent danger of harm and use only the force necessary. However, self-defense is not available if:

• The defendant was the aggressor or provoked the fight, or 
• The defendant agreed to fight and voluntarily entered into combat. 

In State v. Basting (1992), the Minnesota Supreme Court made clear that self-defense is unavailable to someone who willingly engages in mutual combat unless they clearly withdrew and communicated that withdrawal before using force again.

2. Consent as a Defense

Consent can sometimes be raised if both parties voluntarily agreed to the fight. However, Minnesota courts generally reject consent as a defense in fights causing serious injury. The reasoning is that society has an interest in preventing public brawls, even if both people wanted to fight.

So while consent may reduce liability in some cases (such as minor scuffles), it is rarely a complete defense to assault.

When Mutual Combat Leads to Charges

Police responding to a fight may arrest one or both participants depending on:

• Who appears to be the aggressor. 
• Who suffered visible injuries. 
• Whether weapons were used. 
• Whether the fight occurred in public or on private property. 
• Witness statements. 

It is common for prosecutors to charge both sides, especially if injuries exist on each person. In some cases, one person may also face enhanced charges (for example, if they had a prior record, used a weapon, or fought with a protected victim like a police officer).

Examples of Minnesota Mutual Combat Cases

• Bar fights: Two patrons get into a heated argument, agree to take it outside, and exchange blows. Both can face fifth-degree assault charges. If one uses a bottle or knife, second-degree assault charges may apply. 
• Domestic disputes: Partners get into a physical altercation where both admit to hitting each other. Prosecutors may still pursue charges against one or both under domestic assault statutes. 
• School fights: Even if students agreed to fight, they can still face juvenile delinquency petitions for assault. Schools may also impose discipline. 

Penalties in Mutual Combat Cases

The penalties depend on the degree of assault charged:

• Fifth-degree assault (misdemeanor): Up to 90 days in jail and $1,000 fine. 
• Fifth-degree assault (gross misdemeanor for repeat offenders): Up to 1 year in jail and $3,000 fine. 
• Felony assault (third-, second-, or first-degree): 5 to 20 years in prison and fines up to $30,000. 

In addition to criminal penalties, defendants may face:

• Protective orders or no-contact orders. 
• Loss of firearm rights. 
• Problems with employment or housing. 
• Negative impact on child custody or divorce cases. 

Defense Strategies in Mutual Combat Assault Cases

An experienced Minneapolis assault lawyer will carefully examine the facts to determine the strongest defense. Common strategies include:

1. Self-Defense After Withdrawal

Even if the fight began consensually, if the defendant clearly attempted to stop fighting and communicated withdrawal, self-defense may again be available if the other person continued attacking.

2. Defense of Others

If the defendant fought to protect another person (friend, family member, or even stranger) from imminent harm, the law may allow the use of force.

3. Lack of Intent

If injuries were accidental rather than intentional, this can weaken the prosecution’s case.

4. Disproportionate Charges

Sometimes prosecutors overcharge, such as filing felony counts when the injuries were minor. Defense lawyers can argue for reduced charges.

5. False or Exaggerated Allegations

In heated fights, participants may exaggerate what happened or blame the other person entirely. Witness credibility can be challenged.

Why Prosecutors Push These Cases

Even if both sides admit they fought willingly, prosecutors often pursue assault charges for several reasons:

• To discourage public fighting and violence. 
• To protect victims who may be pressured into minimizing the fight. 
• To prevent escalation into more serious violence. 
• Because the law does not recognize “we both wanted to fight” as a valid excuse. 

This means relying on the argument “it was mutual” rarely results in dropped charges without strong legal advocacy.

Practical Example

Imagine two men argue at a sporting event. They step outside and agree to fight. Both throw punches, and one suffers a broken nose.

• Without defense: Both may be charged with fifth- or even third-degree assault depending on the injury. 
• With defense: If one man tried to walk away and the other attacked again, the first may regain the right to claim self-defense. If witnesses support this, charges may be reduced or dismissed. 

Key Takeaways

• Minnesota law does not excuse assault just because both sides agreed to fight. 
• Self-defense is limited in mutual combat situations unless a person clearly withdraws and is attacked again. 
• Consent is not a full defense to assault, especially where injuries are significant. 
• Both participants in a fight can face criminal charges and serious penalties. 
• Legal defenses focus on self-defense, defense of others, withdrawal, or challenging the evidence. 

Contact Martine Law

If you are facing assault charges after a fight, you may feel it is unfair because “both sides were involved.” But Minnesota law treats mutual combat seriously, and without the right legal defense, you could face jail, fines, and a permanent record.

Martine Law’s experienced defense attorneys understand how Minnesota courts handle these cases. We fight for clients to reduce charges, protect their rights, and work toward the best possible outcome.

Contact us today for a confidential consultation.