Why is fist fighting illegal

Under these circumstances, criminal fighting charges may be brought against any party who participated in the fight. Additionally, the injured party may file a civil claim against the other to seek monetary compensation.

Fighting charges may be pressed in the event of bar fights, school fights, domestic disputes between family members, and more. A fighting conviction can lead to a number of penalties including fines, probation, community service, anger management classes, counseling, imprisonment, and more. In some instances, a fighting charge could be dropped after an arrest or be prosecuted as a misdemeanor.

However, in more serious cases where a weapon was involved or there was severe bodily harm, the fighting charge can be prosecuted as a felony and lead to major consequences, including up to 15 years in prison. Those with prior convictions are subject to more harsh penalties for a fighting conviction.

It is imperative that you contact a criminal defense attorney that specializes in domestic violence and assault and battery cases. Press ESC to cancel. Skip to content Home Admission Essay Is it illegal to fist fight?

Admission Essay. Ben Davis February 13, Is it illegal to fist fight? What is fist fight available on? Do school fights actually happen? What happens if 2 minors fight? What happens if you fight school?

Can I beat someone up in school? What should you not do in a fist fight? Should I hit first in a fight? The Court of Appeal decision was then appealed at the Supreme Court which was tasked with deciding whether the absence of consent is an element that must be proved by the Crown in assault cases or whether limitations could be placed on consent in certain circumstances.

So while you can consent to a fist fight, once a person has lost the fight or the fight continues beyond the point of non-trivial physical contact, it is pursuant on the winner to stop the fight. So if a person has been knocked out or in any way decides to stop the fight, any further violence is considered a crime. The burden of proof in assault cases is on the Crown.

This means the prosecution must prove beyond a reasonable doubt that there was an absence of consent on the part of the victim. In this case , an accused became involved in a fight during which he swung a hammer, and hit another man, eventually causing his death. The Crown failed to prove the deceased man had not consented to the fight and that the accused had not been acting in self-defence. He was, therefore, found not guilty of assault with a weapon or simple assault.

We have seen how you cannot rely on the defence of consent in the event of someone intentionally causing another person serious or non-trivial bodily harm? But what someone gets hurt accidentally in a fist fight, ie. In January, a Windsor man was avoided prison after unintentionally killing his younger brother in a back-yard wrestling fight. According to media reports, the accused put his brother in a choke hold, exacerbating a pre-existing medical condition, causing his death. The accused pleaded guilty to aggravated assault but he received a non-custodial penalty due to the exceptional circumstances of the case.

If the bodily harm was unintentional, it would therefore appear that Courts view this as a lesser offence. Fights happen frequently in sports. In hockey, they are arguably part of the game. When intentional physical contact is applied in a game, it may be protected by the implied consent so long as it falls within the scope of the game. Body-checking someone in hockey or punching someone with their guard up in boxing, while an example of intentional force without the consent of the other person, is not assault because it exists within the scope of the rules of the sport.

That is not to say that anything goes when it comes to sports. Excessive violence which extends beyond the rules of the game might negate the implied consent. Brashear fell, hitting his head on the ice and suffered a serious concussion. McSorley was later convicted of Assault with a Weapon and given an month suspended sentence.