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Assault/Battery

PEN § 240 – Wobbler

PEN § 242, 243 – Wobbler

  • Maximum fine: $1,000
  • Maximum term: 0.5 Years/6 Months
  • Probation/parole at home eligible: Y
  • Community service eligible: Y

Whenever anyone willfully does anything that would result in applying force to another person while having facts that would make a reasonable person realize the act would result in applying force to someone else. There is no exception in those statutes allowing private individuals to consent to physical violence.

Includes several offenses related to Assault, among them: Battery (PEN §242), Assault With A Deadly Weapon (PEN §245(a)(1)), Disturbing The Peace (PEN §415), Assault On A Public Officer (PEN §217.1(a)), Assault With Caustic Chemicals (PEN §244) and Throwing Dangerous Object At A Motor Vehicle (VEH §23110(b)).

Assault/Mutual Combat

There is no formal mutual combat law in California, but this legal principle is recognized as a valid defense against certain assault and battery charges. In California, mutual combat can be an affirmative offense in specific assault cases under PEN § 17(b), provided the necessary conditions are met. Generally under California law, there is none. It is a breach of the peace. California courts have consistently held that a person cannot legally consent to a breach of the peace. In People v. Lucky (1988) 45 Cal.3d 259, the California Supreme Court confirmed that consent is generally not a defense to assaultive conduct that disturbs the public order. Similarly, in People v. Samuels (1967) 250 Cal.App.2d 501, the court explained that consent does not excuse conduct that violates public policy or criminal law. The only meaningful exception involves regulated sporting events. Combative sports such as boxing or mixed martial arts are lawful when properly licensed and supervised under the authority of the California State Athletic Commission pursuant to Business and Professions Code §§ 18600–18887. Participants are considered to have consented only to conduct within the rules of the sport. You may also hear the term “mutual combat” used in the context of self-defense jury instructions. Under PEN § 3471, a person who engages in mutual combat must first attempt to withdraw and communicate that withdrawal before claiming self-defense. However, this doctrine does not make fighting legal; it only affects whether a self-defense argument is available. Finally, even if criminal charges are not filed, a private agreement would not prevent a civil lawsuit for personal injury damages.

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