Mutual Combat & Consensual Fights: Can You Be Charged with Assault in Washington State Even If You “Both Agreed” to Fight?

Residents of Tacoma, Lakewood, Puyallup, and across Pierce County often ask after a dust-up outside a bar or at a house party: If we both agreed to fight, is it still assault?

Short answer: Yes. Washington does not recognize a blanket “mutual combat” defense. Consent is narrow and mostly tied to foreseeable contact in organized athletics—not street fights. Prosecutors can and do file charges even when both people threw punches.

For help with your case from our Tacoma, WA assault defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Washington Assault Law: How “Mutual Combat” Really Works

Washington has no statute that legalizes street fighting by consent. Assault charges are defined in state law (RCW 9A.36). The degree depends on injuries, weapons, and intent:

Assault 4 (gross misdemeanor): The common charge for bar or party scuffles—any intentional offensive touching or striking that doesn’t rise to higher degrees.
Assault 2 (Class B felony): Triggered by substantial bodily harm (for example, a fracture or significant temporary impairment), strangulation, use of a deadly weapon, and similar conduct.
Assault 1 (Class A felony): Reserved for the most serious allegations—intent to cause great bodily harm, or force/means likely to cause great bodily harm or death.

Takeaway: A handshake before a fight doesn’t erase potential liability. The same framework applies in Tacoma, Lakewood, and Puyallup.

Can Consent Help Me? (Why “Mutual Combat” Isn’t a Get-Out-of-Jail Card)

Generally, no. Washington courts limit consent to narrow settings—chiefly organized sports where both the contact and the resulting injuries are reasonably foreseeable within that sport.

State v. Shelley (1997): Pickup basketball punch that broke a jaw was not foreseeable athletic contact; consent didn’t defeat felony assault.
State v. Hiott (1999): “Game” of shooting BB guns; court rejected consent on public-policy grounds after a serious eye injury.
State v. Weber (2007): Inmate fight; consent not a defense to second-degree assault in that context.

Washington’s pattern jury instructions reflect the same policy: a person cannot consent to an assault that breaches the peace or violates public policy.

Plain English: agreeing to fight is not a legal permission slip. Outside a narrow athletic context, consent rarely blocks an assault charge.

Real Tacoma-Area Examples

These are fictional but realistic scenarios based on Washington law and local practice.

Tacoma bar lot — composite
Two adults square up and trade punches. One suffers a fractured nose. Police gather security footage and phone videos. Prosecutors file Assault 4 at minimum. If medical records confirm a fracture or other significant injury, they may file Assault 2 for substantial bodily harm. “We both agreed” doesn’t end the case.

Lakewood gym pickup game — composite
After a hard foul, one player blindsides another with a punch that breaks a jaw. That blow is outside foreseeable sports contact. Expect a felony Assault 2 filing; Shelley shows consent doesn’t stretch that far.

University Place house party — composite
Two guests agree to “take it outside.” During the scuffle, one swings a beer bottle. No bones break, but cuts require stitches. The bottle can be treated as a “deadly weapon,” so prosecutors consider Assault 2 even without a fracture. Property damage (broken window) adds potential malicious mischief exposure.

Defenses That Work in Pierce County Assault Cases

Every case turns on facts. In “agreed fight” files, we focus on:

Self-defense or defense of others. If your force was reasonable and necessary in response to an imminent threat, that can be a complete defense under Washington law and the pattern jury instructions. Evidence control is crucial—videos, independent witnesses, photos, and medical records often make the difference.
Identity, intent, and degree. Who initiated force? Was there intent to cause harm? Do the medical records meet the legal definition of substantial bodily harm, or are they more consistent with bodily harm only? Degree reductions (e.g., from Assault 2 to Assault 4) materially change exposure.
Foreseeability in organized sports. Limited but sometimes relevant in sanctioned or supervised athletics with clear rules and officials. Shelley draws the line for informal play.

What To Do Right Now

Do not explain at the scene. “We both agreed” can be used against you. Politely exercise your right to remain silent and ask for a lawyer.
Preserve evidence immediately. Save videos, screenshot texts/DMs, and collect names for independent witnesses. Ask venues to preserve security footage before it’s overwritten.
Document injuries—yours too. Photos and medical records for both sides help clarify who did what and whether the injury meets a felony threshold.
Avoid contact with the other person. If a no-contact order issues, obey it to the letter. Violations create new problems.
Call counsel early. Early legal help protects defenses, prevents unhelpful statements, and opens paths to degree reductions, diversion, or dismissal.

The Seattle “Mutual Combat” Myth—What That Ordinance Really Does

You may have seen viral clips suggesting “mutual combat is legal” in Seattle. The relevant rule is the city’s fighting ordinance (SMC 12A.06.025). It makes it unlawful to intentionally fight in a public place and create a substantial risk of injury to nonparticipants or damage to their property. The ordinance includes a narrow affirmative defense for duly licensed or authorized bouts or for self-defense.

Two key points:

It targets public risk. The goal is protecting bystanders and property, not granting permission to injure the other participant.
It doesn’t override state assault law. If someone is injured, state assault charges remain on the table.

Myth: “If we both agree, it’s legal.”
Law: Consent rarely defeats an assault charge in Washington (see Shelley, Hiott, Weber).

Bottom Line for Pierce County

“Mutual combat” is a misleading slogan—not a defense that cancels Washington assault law. A handshake doesn’t change your exposure under RCW 9A.36, and Seattle’s ordinance is about protecting bystanders, not permitting injury to participants. If you were cited or arrested after an “agreed” fight in Tacoma, Lakewood, Puyallup, or elsewhere in Pierce County, talk to a defense lawyer before you talk to anyone else. Move quickly, preserve evidence, and protect your defenses.

For help with your case from our Tacoma, WA assault defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.