Is it against the law to fight?
Your everyday spat between siblings isn′t against the law. But if the argument escalates and someone is injured, you’ve probably broken the law. Fighting is referred to by different names, depending on the incident and whether injuries occur. Assault, disorderly conduct, or disturbing the peace are terms often used to describe an exchange of words or blows with another person.
Let′s say you′re at home after school, and your sister walks in wearing your new shoes. She didn′t ask to borrow them, and now they′re scuffed up. You start yelling at each other, and you get angrier when she argues that you do the same thing with her clothes. You grab the TV remote control, throw it, and it hits her on the head.
This is an example of a verbal fight that turned into an assault. You weren′t threatened by your sister, so you can′t claim self-defense. If you′re the aggressor and made the first contact, you may be charged with assault.
Assume that this confrontation lasts for a while or goes on all night. Your father is home, he′s unable to control the two of you, and he becomes increasingly upset over the situation. Your acts have disturbed your father′s peace and quiet. Both you and your sister could be charged with disorderly conduct.
You′re a victim of disorderly conduct if someone near you disrupts your peace by fighting, exhibiting violent behavior, swearing, or making loud noise. Or you could get involved in an after-school fight behind the gym or under the bleachers. Mutual combat—in which you and another person or persons agree to fight—may be disorderly conduct or a violation of a local law.
It′s clearly against school policy, requiring you to face disciplinary action by the school. If you′re trained in boxing or the martial arts, your level of proficiency may be considered by the court and could increase any consequences imposed, depending on the circumstances of the case.
Random fighting takes place on school grounds from elementary school through the twelfth grade. In 1996, a three-year-old schoolyard bully in Boston was ordered by a judge to stop hitting a classmate and was told that if he continued hitting, he could face a fine or jail. Kids are resorting to violence more often when faced with a challenge. A wrong look or comment, offensive colors or styles of clothing, or unintentional contact with someone in the hall may spark a confrontation.
Many schools and communities now offer classes in conflict resolution. If your school doesn′t offer this kind of program, see if you can help set something up. Trained professionals are available in most communities and may be willing to speak to students and teachers. Check with your local police department or domestic violence shelters for more information.
If you are exposed to domestic violence in your home or are the victim of domestic violence, seek help immediately. If you have no one to turn to and don’t know what to do about it, call the national Domestic Violence Hotline at 1-800-799-7233. Don’t expect things to get better by themselves – the abuser needs help and you need to be safe.
Learned a lot
Learned a lot
Good to hear, thanks Frank. -Judge Tom.
Is it illegal 4 a minor to fight an adult if they have both consented to the fight
Dear Jaxon: Consent doesn’t necessarily make a fight legal or okay to do. Every state has laws under different names about fighting. A fight may be against a state or local law that referred to as disorderly conduct, disturbing the peace, or assault depending on the circumstances. So, google the name of your state and “fighting” for information that would apply to you. Better yet, think about another activity or method of resolving difficulties.
(This is information only – not legal advice).
Question…if some one assaults your wife and you ask for a mutual fight and it happens can you be arrested if you have evidence that the fight was agreed upon
Dear Henry: Askthejudge.info is an education resource for & about teenagers and the laws that affect them. We do not provide legal advice to our readers, whether teen or adult. You could run your question by someone in law enforcement. Good luck.
What if your on school grounds and the person you fought is in 7th and the other in 6th and if you hit the 7th grader one can u go to jail for that
Dear Miranda: Take a look at your school rules about behavior while at school. Your Student Handbook should explain what happens when any student gets into a fight on campus or at a school event. If you don’t have a copy of the Handbook, you may be able to find it online on the school’s website. If the fight is reported to the police, it is possible that formal charges could be filed against a student. It depends on how severe any injuries were and the full circumstances of the incident. Good luck.
(This is information only – not legal advice).
what happenes if you say something about someone and they and their family threatens you?
Dear Khmareon Cook: Depending on the specific facts and circumstances including what was said/threatened, etc. as well as the laws of your state, the person(s) involved could face consequences for their threats. You could try Googling the name of your state and “threatening laws” to find specific information based on the laws of your state. Also, you could report the incident to the police and they will let you know if an investigation will be conducted and whether possible charges may be filed. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
If someone were to punch another person in their grade who has been purposely provoking them, is it considered against the law. I had read about the three year old bully and i feel that if a child that young is doing something wrong a time out of something should be the correct punishment to to be talked too by a judge that seems a little extreme
Dear Gnome7: Most states set an age limit for a person to be held responsible or charged with a crime. For example, age 8 in some states while others have age 10 or 12. It also depends on the nature of the crime. So, in response to your question, age three is a bit young for anything but a conversation with parents or the child’s guardian, grandparent, etc. After 23 years with juvenile and family court in Arizona, Judge Tom has never had a case with a child under age 8 who faced criminal charges. Google the name of your state and “age for criminal responsibility” for information where you live.
(This is information only – not legal advice).
This website is really helpful my teacher told me to research consequences for school violence and this website showed me the consequences for putting your hand on another person
Thank you, Desire, for your comment. -Judge Tom
My teacher gave me an assignment to research on consequences you would get for school violence and this web sight has helped me a lot thanks
Thanks, Damaria, for writing to us. Glad our website was useful. -Judge Tom
This is the right thing i was looking for
Thank you, Naseem, for your note. We’re glad you found what you were looking for. -Judge Tom
I was wondering if 2 people have a falling out and verbally consent to a fight, that if one of the two parties can press charges. Ex.
Person 1: “What are you gonna do, fight me?”
Person 2: “Yeah ill fight you lets got outside”
P1: “Alright lets go”
Dear Reader: Generally, words, without more, is just that. No laws have been broken by what you’ve described here. You have to look to the specific laws where this exchange takes place. City or state laws come into play. You’d have to check the exact language of the assault or public disturbance (disorderly conduct) laws to see if there’s been a violation.
(This is information only – not legal advice).
If I’m 29 and a 60 year old guy comes out of his house and his yard in to the street and starts a confrontation with me and I hurt him is it self defense on my part? He he responsible because he is coming after me?
Dear Chatles: AsktheJudge.info is an education website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you talk with a local lawyer about this or a police officer to define for you the nature of self-defense in your state. See our Resource Directory for professionals where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I was wondering if someone was 18 and the other person was underage if fighting was legal? i have searched everywhere for the answer but if anyone finds the answer please email me calebyz@yahoo.com
Dear Caleby: Try googling the name of your state or city and “fighting laws” for information. The age difference you mentioned could result in an assault charge if the adult is the aggressor. Good luck.
(This is information only – not legal advice).
If someone comes to your house and they decide to walk into your house without permission and you ask them to get out of the house but they decline. can you get in a fight with that person legally?
Dear C: It’s going to depend on the specific laws of your state as well as the facts and circumstances. For example, if you feel threatened or in fear of your life or safety, then it’s most likely okay to use physical force to make them leave. You need to look to your state’s self-defense laws and apply the facts to determine whether physical contact is appropriate/legal. If you know the person and they just are not listening to you, then it’s probably best to first warn them that you will call the police if they don’t leave and then do so if they remain in the house. Thanks for asking.
(This is information only – not legal advice.)
If you’re being harassed (bullied) time and again. And you decide to fight back, does the law take the prior bullying into consideration of the conflict for whatever legal ramifications?
Dear Reader: The law may take a prior history into consideration but that doesn’t guarantee you won’t be charged and possibly found guilty of assault or battery. You do have a right to defend yourself, but each situation has to be looked at closely before deciding who’s the aggressor and if more than a lawful defense is put up – in other words, you can’t use excessive force in defending yourself. If you’re a minor, talk this over with your parents. It’s always best to know your rights before acting. Good luck.
(This is information only -not legal advice).
What if the 2 kids fight cause the other kids mother called to get her son to come fight this other kid?She denied that she did it but the son told others that she told him to.So police said ”since she denied it there is nothing they can do.What do u do about this?
Dear Melissa: Talk about this with an adult in your family that you trust. Let them know what’s going on so they can do what’s necessary to prevent further fighting. Good luck.
(This is information only – not legal advice).
I’m confused about “fighting words”: In 1942, the U.S. Supreme Court established the doctrine by a 9-0 decision in Chaplinsky v. New Hampshire. It held that “insulting or ‘fighting words,’ those that by their very utterance inflict injury or tend to incite an immediate breach of the peace” Fighting words are intended to cause the hearer to react to the speaker.
Considering that most fights start with words first, Why would the first person to contact the other be the one charged with assault?
Dear Erik: Great question. There’s a difference between a “civil” and “criminal” wrong. Words alone in the criminal context don’t justify physical retaliation – in other words, you can’t claim as a defense to an assault that the other person called you an offensive name. However, if you use offensive language at school that has the potential to create a riot or disturbance, the school may discipline you. This is the “civil” side of a situation where there may be consequences for speech without physical contact with another person.
(This is information only – not legal advice)
Here in Arizona, fights are basically ignored by police. If someone pushes you, you push back, and then they punch you and keep punching until you’re dead, that’s fully legal, because they consider that “mutual combat”.
This is a screwed-up society we live in, and the aggressors are usually protected from punishment.
Dear Anonymous: We’re not sure where you’re getting your information from or if you are kidding around, but you are wrong about fighting in Arizona (or any state for that matter). If a person begins physically attacking another whether it’s hitting, kicking, punching, etc., he/she will be arrested and/or charged with assault. Depending on how violent the fight gets, aggravated assault charges may be a possibility, which makes the potential consequences much more harsh.
(This is information only – not legal advice.)