View Full Version : Is it legal


Smallblock
10-22-2011, 1:17 AM
This is an odd question but because we have some really smart people here and at least one law enforcment officer here I want to know. Is it legal if two grown men engage in fist o cuffs if both parties agree to terms.

For instance if I were to have a problem with a guy that couldn't be settled with words and we decided to take it outside, both agreeing to fist fight with certain "rules" would this be legal. Like we both agree to go bare knuckle, no weapons, and if one gives up or gets knocked out the fight was to stop.

If both did not want to press charges and was done on private property could the state pick it up. As long as the rules were followed.

Another question if it was not done on private property would that be legal. Basically how do you have a good ole fist fight without getting locked up for it?

jbadd99
10-22-2011, 2:04 AM
I'll cite you specific code sections when I wake up later today.

It's too much to do on an iPhone. ;)

CarlitosReef
10-22-2011, 2:12 AM
Interesting great question smallblock lol I'm tagging along

jbadd99
10-22-2011, 3:17 AM
Ok, I ran across a couple extra minutes while waiting for a video at work... Here's the start:

§ 16-5-20. Simple assault
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

§ 16-5-23. Simple battery
(a) A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.

§ 16-5-23.1. Battery
(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.

(b) As used in this Code section, the term "visible bodily harm" means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.

§ 16-5-25. Opprobrious or abusive language as justification for simple assault or simple battery

A person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.

§ 16-11-32. Affray
(a) An affray is the fighting by two or more persons in some public place to the disturbance of the public tranquility.


All that said, the first three charges require a victim - if the other party is unwilling to prosecute, there can be no crime. The last speaks for itself and the State can charge this one. I have went to many fights where two people were fighting at someone's house/apartment/etc. and neither wanted to pursue charges so we separated the people and left.

That in mind - if a report is made either party has up to two years to change thier minds and seek arrest warrants from the local magistrate judge.

Questions?

CarlitosReef
10-22-2011, 11:42 AM
What if there was to be a writing statement that both party agree to a fist fight regardless if there was witnesses.

My brother one time did the same thing, we got in to an argument he went outside screaming like a maniac lol calling me out to settle it as a fist fight.

I wouldn't do it, one because he is my brother, 2 because I would have kick his arse, and 3 I know someone would have saw us and call us the cops. I'm pretty sure I would have been behind bars.

PFCDeitz
10-22-2011, 11:59 AM
Just fight in the house r basement.


Where's the sign up sheet?

CarlitosReef
10-22-2011, 12:17 PM
lol You want to sign up for the Rumble in the Basement? lol I have a big *** bsement with a punching bag as well lol

myVWrock
10-22-2011, 12:22 PM
The first rule of Fight Club is: you do not talk about Fight Club.

CarlitosReef
10-22-2011, 12:28 PM
I think we should create one lol it would help some ARC members release some stress. Especially when you see a thread you don't like in the "Lounge" lol

Arringar
10-22-2011, 12:37 PM
This is not going to end well... For someone. Lol

jbadd99
10-22-2011, 1:04 PM
The first rule of Fight Club is: you do not talk about Fight Club.

I was gonna say the same thing.

And that's pretty much just it. As long as it doesnt disturb the "public" you can have as many witnesses/referees as you like.

When you start talking about family it becomes another abomination altogether. Suffice to say when family members fight, someone is going to jail.

CarlitosReef
10-22-2011, 1:07 PM
http://www.youtube.com/watch?v=zr6eHza6JVI&feature=related

Smallblock
10-22-2011, 1:58 PM
no questions really, you answered it just the way I was hoping you would thanks.

hud3339
10-22-2011, 3:40 PM
http://www.youtube.com/watch?v=zr6eHza6JVI&feature=related
In the left corner we have smallblock weighing in at 185, man can he do some damage with a wrench. And in the right corner we have Kris weighing in at 235, former military training thats gonna help him against the smaller quicker smallblock. This should be a great fight!!! LETS GET IN ON!!!!!

CarlitosReef
10-22-2011, 3:54 PM
lol then we are going to need some hot chicks in bikini holding up the rounds lol

Smallblock
10-22-2011, 9:02 PM
lol idiots

Hnguyen
10-22-2011, 10:13 PM
lol then we are going to need some hot chicks in bikini holding up the rounds lol

I like that idea. I'll bring the beer!! :D


Sent from my iPhone using Tapatalk

Website Dave
10-22-2011, 11:21 PM
I can video tape this thing... and for a fee, I can get the right girls in the bikinis, too!

CarlitosReef
10-22-2011, 11:36 PM
So what's the hold up? Lol we can also settle that fee with a fist fight as well lol

Ripped Tide
10-23-2011, 12:03 AM
Is there any betting allowed? We could make this a fun thing!

The-Bubonic-One
10-23-2011, 12:09 AM
The first rule of Fight Club is: you do not talk about Fight Club.

The second rule of fight club: YOU DO NOT TALK ABOUT FIGHT CLUB.

IRahmatulla
10-23-2011, 2:45 AM
Speaking of "talking" about it. My friend has a sister who is an officer. She says that if it is in a public place, more often than not, the whole issue is public disturbance. The two people both get arrested. The person that gets hurt worse gets assault, and the person hurt less gets battery. If it were not in public, and a waiver would be signed there is no problem. If waiver is not signed, whoever gets the doctor bill will sue. So when it comes to tatteling....remember. Snitches get stitches, or in this case, involve the police because they had to get stitches. Best bet, put on some gloves at your local gym, and it is %100 legal!

jbadd99
10-23-2011, 3:35 AM
If its in a public place, it's called affray... See definitions in the previous page.

There is no such offense as "assault". It's either simple assault - placing someone in fear of, or attempting to do, a violent injury toward another, or aggravated assault which involves weapons, intent for other crimes, etc.

And if both parties want to prosecute, then you would have to look at what charges would be appropriate, otherwise it's just good ol' Affray. Most times a simple bar fight never goes above the level of the "simple" charges unless someone gets a beer bottle in the head, then it's aggravated assault.

DawgFace
10-24-2011, 10:54 AM
All interested parties should seek legal counsel. This site or it's members are not designed or qualified to answer question of this nature.