What Is Mutual Combat, and How Does It Affect Assault Charges?

 Posted on February 27, 2026 in Criminal Defense

Mutual combat happens when two people willingly agree to fight each other, but it can still lead to assault or battery charges in Illinois. Many people are shocked to learn that agreeing to fight does not prevent criminal consequences.

In People v. Wright (2025), an Illinois court upheld a battery conviction after a fight outside a lounge, even though both individuals willingly participated in the altercation. The court explained that mutual participation does not automatically prevent criminal liability if unlawful physical contact occurred.

If you were charged after a fight in 2026, you may feel overwhelmed, embarrassed, or worried about what happens next. At Law Office of Philip R. Nathe, our Naperville, IL criminal defense lawyer helps people understand their rights and defend themselves against assault or battery allegations.

How Does Illinois Law Define Assault and Battery?

Illinois law separates assault and battery into different criminal offenses. Assault, under 720 ILCS 5/12-1, involves conduct that makes another person fear an immediate harmful act. Physical contact does not have to occur for assault to be charged.

Battery, under 720 ILCS 5/12-3, involves actual physical contact that causes harm or is considered offensive. This can include actions such as striking, grabbing, or pushing another person. The exact charge filed depends on what investigators believe happened during the incident.

Why Does Intent Matter in Mutual Combat Cases?

Courts often examine what each person intended during the encounter. They look at your state of mind and whether your actions were deliberate.

For example, the court may consider whether someone escalated the situation beyond what was expected or continued using force after the other person stopped. These details can influence how prosecutors evaluate the situation.

Understanding how intent is interpreted can help explain why some cases result in criminal charges while others do not.

How Do Prosecutors Decide Whether To Pursue Assault or Battery Charges in Illinois?

Prosecutors review evidence to determine whether criminal charges should move forward. Their decision is based on facts collected during the investigation.

They may rely on:

• Police reports describing the incident
• Statements from witnesses
• Video recordings from nearby cameras
• Physical evidence, such as injuries

Each piece of evidence helps them decide how to proceed.

Can Self-Defense Still Apply in Mutual Combat Situations?

Illinois law allows individuals to protect themselves under certain conditions. This right is described in 720 ILCS 5/7-1, which permits reasonable force to prevent harm.

In some situations, a person involved in a fight may still argue that their actions were necessary to protect themselves. This may apply if the other individual used unexpected or excessive force. The specific facts determine whether this defense may be available.

What Are the Possible Consequences of an Assault or Battery Conviction?

A conviction can lead to penalties that affect your freedom and your future. The severity of the penalty depends on the charge and your criminal history.

Possible consequences may include:

• Court supervision or probation
• Financial penalties
• Time in jail
• A criminal record

These outcomes can affect employment opportunities and personal relationships.

What Happens After You Are Charged With Assault or Battery?

After charges are filed, your case will move through the criminal court system. This process may involve court appearances, hearings, and possible negotiations with prosecutors.

During this time, you have the right to challenge the charges and present your side. The legal process may feel intimidating, but you do not have to face it alone.

Taking early steps to understand your legal options can help you feel more prepared.

How Can a Criminal Defense Lawyer Help With Mutual Combat Charges?

A defense lawyer can examine the facts of your case and identify issues that may affect the outcome. This includes reviewing reports, analyzing evidence, and preparing a defense strategy.

Legal representation also ensures that your rights are protected throughout the process. Having someone guide you can help reduce uncertainty and help you make informed decisions. This support can make a meaningful difference during a stressful situation.

Schedule a Free Consultation With Our Naperville, IL Assault Defense Attorney

At Law Office of Philip R. Nathe, our attorney is committed to helping clients protect their rights. If you have been charged after a fight, contact us by calling 630-416-7600 and scheduling your free consultation. Our Naperville, IL criminal defense lawyer is ready to help you understand your options.