When tempers flare and words won’t do the trick, a good old-fashioned fist fight can sometimes feel like the only option to settle a dispute, but is that legal? Can you get arrested for fighting?
Although Texas is considered the land of the free and was once the Wild West, throwing punches in public can come with serious legal consequences, and put you at risk for civil and criminal cases — even in scraps between two consenting adults.
We know that it’s not easy to consider the legal consequences in the heat of the moment, but if you’ve already squared up, you might want to know the kind of trouble you could be in. Keep reading to learn everything you need to know about fighting in public charges in Texas, or call Thiessen Law Firm at (713) 864-9000 to defend yourself today.
Can you legally fist fight in Texas?
In most cases, no, you cannot legally fist fight in Texas. While there are some protections for two adults legally consenting to fight one another, getting in a fist fight is not a defense for breaking the law. Fist fights can lead to assault crimes, charges for public disturbances, and damages from civil liabilities among other things.
One of these protections is “mutual combat,” and while Texas does recognize the concept of mutual combat, which allows two consenting adults to avoid conviction for engaging in a fight, these situations are much more rare than people think.
What is the mutual combat law in Texas?
Mutual combat, much like self-defense, is an affirmative defense to disorderly conduct or assault crimes. According to Texas Penal Code § 22, mutual combat may apply only if the fight did not result in serious bodily injury and both parties consented to the fight despite being aware of the risk of injury.
Consent to fight can look like deciding or agreeing to step outside of a public place, a verbal agreement to a fight, or some similar indication that they knowingly entered into a dangerous situation.
Still, if the fight took place in public, someone was seriously hurt during the fight, or others were put in danger because of it, it is unlikely that the mutual combat defense will hold up, and your assault attorney will have to find another way to combat your assault charges.
Continue reading about the self-defense laws in Texas
What happens if you get in a fight in public?
Because Texas takes public violence seriously, getting into a fight in public will likely lead to your arrest. Officers arriving on the scene will usually detain everyone who was involved in the fight, keeping eyewitnesses at the scene in order to determine culpability and damage. Here lies the inherent issue with prosecuting and defending those charged with fighting in public: the aftermath of a public fight is confusing, and evidence deteriorates almost immediately.
If there was mutual consent or you were acting in self-defense, it will be damn near impossible for the police arriving on the scene to determine as much, which means everyone involved will find themselves facing criminal charges.
This means that it’s up to the criminal justice system to sort it out, and that the quality of the lawyer that you hire to defend you will often have a serious impact on the outcome of your case, and therefore, your future.
Continue reading: Do police investigate bar fights?
Can you go to jail for saying you want to fight someone?
This is an incredibly common question, and unfortunately, the answer is yes. You can go to jail for just threatening someone with violence, even if you never lift a finger.
Under Texas law, making a verbal threat of violence is considered assault, and threatening to fight someone could be enough for police to arrest you, especially if that person is from a protected class or a government employee.
Generally, threatening someone with violence is a Class C misdemeanor, but you can see this charge escalate if you brandish a weapon, or if the victim is a member of a protected class. Some groups of people who, if threatened, will result in a more severe charge include:
- Law enforcement officers or security officers
- Public servants on the job
- Emergency workers responding to an emergency
- Members of your household
- People 65 years of age or older
- Disabled people
You can actually be charged for making terroristic threats just for threatening to kill someone in Texas, so make sure you’re being careful about what you say, no matter who you’re talking to.
What charges can you get for fighting in public?
There are a number of charges you can find yourself facing for fighting in public in Texas. The specific charges you face will depend on the circumstances of the fight and the injuries caused during it, but some common fighting charges include:
- Disorderly conduct. This is the most basic, and the least severe, charge for public fighting. Disorderly conduct includes engaging in abusive or threatening behavior, making offensive gestures, or using language in public that incites violence.
- Assault. If you physically harm someone — or even threaten them with harm — during a fight, you could be charged with assault. Texas law defines assault as intentionally, knowingly, or recklessly causing bodily injury to another person, and can range from a misdemeanor to a felony depending on the severity of circumstances.
- Aggravated assault. If the fight results in serious bodily injury, the victim is from a protected class, or involves the use of a deadly weapon (even fists can see you facing charges for Texas assault with a deadly weapon if the injuries are severe enough), the charge can be elevated to aggravated assault. Aggravated assault charges are much more serious and can lead to lengthy prison sentences.
The most common charge for fighting in public is assault, but common does not mean minor. Even a charge for simple assault in Texas can see you facing jail time and life-altering consequences.
Continue reading about the difference between assault and aggravated assault
Can fighting put you in jail?
Fighting can absolutely put you in jail in Texas, and possible punishments range from a slap on the wrists all the way to life in prison. Your charge will depend on the circumstances of your individual case, but some common charges for fighting include:
| Offense | Charge | Maximum fine | Jail time |
| Disorderly conduct | Class C misdemeanor | $500 | N/A |
| Disorderly conduct aggravated | Class B misdemeanor | $2,000 | Up to 180 days |
| Assault bodily injury | Class A misdemeanor | $4,000 | Up to 1 year |
| Felony assault | State jail felony | $10,000 | 180 days – 2 years |
| Felony assault enhanced | Third-degree felony | $10,000 | 2 – 10 years in prison |
| Aggravated assault | Second-degree felony | $10,000 | 2 – 20 years in prison |
| Aggravated assault enhanced | First-degree felony | $10,000 | 5 years – life in prison |
Sometimes the difference between assault bodily injury in Texas and aggravated assault are factors out of your hands, like who your opponent was or how well they recovered, which is why it is so essential that you hire an attorney who has experience taking complex assault charges to court and winning them.
Arrested for fighting in Texas? Call Thiessen Law Firm before it’s too late.
In the heat of the moment, fighting may seem like the quickest way to resolve conflict, but it can leave you with complicated criminal and civil cases that you’ll be dealing with for years to come. From steep fines to lengthy jail sentences — and possibly even civil liability for injuries caused — the consequences of squaring up are often shockingly high.
If you or a loved one has been arrested for fighting in Texas, you need a quality attorney on your side before it’s too late. Whether you need an attorney to fight your simple assault charge or an aggravated assault lawyer, the attorneys at Thiessen Law Firm can help.
The assault attorneys at Thiessen have made their name by taking tough cases to trial and winning them. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to begin defending your life.
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