Mutual combat as a defense- Don’t bet the whole farm on it says Fairfax criminal lawyer

Mutual combat (MC) is among the possible defenses against a Virginia assault charge. As a Fairfax criminal lawyer, I know that the best defense against an assault charge is to keep one’s arms and legs to oneself to avoid an assault prosecution in the first place, to stay away from any fights lest one be mistakenly fingered as an assailant, and to know the art of diffusing tense situations and holding one’s tongue However, unless one is an absolute pacifist, a person is at risk of being in a fight, pushing an assailant out of the way, clobbering an aggressor with a stick or worse, kicking an assailant in the crotch to at least temporarily disable them, and the list goes on. So often, a Virginia assault defendant’s defenses come down to an exercise in he said/ she said, with no video evidence and no other witnesses, at least not any favorable witnesses. If you have a witness favorable to you for any Virginia criminal defense, let your attorney know that at once.

Fairfax assault lawyer on the meaning of mutual combat defense / mutual affray

“’For combat to be ‘mutual,’ it must have been voluntarily and mutually entered into by both or all parties to the affray.’… ‘One who is assaulted may and usually does defend himself, but the ensuing struggle cannot be accurately described as a mutual combat.’ ‘Otherwise,  “every fight would be a mutual combat.'”‘ Perrin v. Commonwealth of Virginia, ___ Va. App. ___ (Sept. 23, 2025) (citations omitted). As a Fairfax criminal lawyer, I know that those who strike others fall in the categories of those with a strong defense, if believed; those with no good reason for their actions, and everyone else. The time for an effective Virginia assault defense lawyer to figure out where on the continuum the defendant fits is clearly not the trial date, but well before that, to include specific enough questions and enough helpful follow up questions destined to present the best possible defense within the bounds of the law, even if mining to such depths of questioning causes discomfort in the defendant, so long as the criminal defense lawyer maintains a respectful — if also firm — approach to the accused.

If I draw the first foul, may I still benefit from the MC defense or self defense to save my skin?

A Virginia assault conviction can be so damning to one’s liberty, criminal record, reputation, security clearance, immigration status, and other vital collateral considerations, that some or many culpable assault and battery defendants might go to the level of grasping at ineffectual straws in their defense. When prosecuted for an alleged Virginia crime, this is not the time to solely rely on burning devotional candles and reciting incantations. The deity is said to help them who help themselves. Once a physical altercation has taken place, it has taken place. Now, all that a Fairfax assault defendant / Virginia criminally accused can do is to make the best out of a possibly very challenging situation, including obtaining the best possible Virginia assault defense attorney for your case. As with all criminal defense situations, make sure that your Virginia assault lawyer does not flinch over the allegations against you nor about finding your best possible defense (whether mutual combat or otherwise), does not judge you, but digs right in and pays full attention to you and your case, to pursue an acquittal, and to be ready for any possible sentencing if convicted, and, in the event of a conviction, to be fully ready for a great sentencing, one that does not merely go through the motions but that fully humanizes the defendant, tells the sentencing judge what led up to the events of the defendant’s arrest date, and how the accused is a much different person for the better today than on the date of the incident.

If your Fairfax assault lawyer / Virginia criminal defense lawyer judges you, dismisses your ideas or ridicules you, don’t ignore that

If your Virginia criminal lawyer judges you, dismisses your ideas (whether about mutual combat or otherwise), or ridicules you, those are red flags of something unpleasant amiss, at the very least. Yes, the people exist who cannot fathom doing criminal defense work, just as I cannot fathom doing prosecution work. Ask your potential Virginia criminal defense attoreny what makes him or her do this work. Do not only listen to their responsive words, but observe their facial and bodily language. For me, Fairfax criminal defense and Virginia DUI defense is a calling on the side of the angels, as simple as that.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense, without exception, without judging, and with full compassion and focus on you and your goals in pursuing the best defense against Virginia DUI, felony and misdemeanor convictions. Your first free initial in-person confidential consultation with Jon Katz gets the ball rolling on your great defense. Usually Jon can meet with you within one business day of your contacting us at 703-383-1100, Info@BeatTheProsecution.com , and (text) 571-406-7268.