'Equal Combat' or similar worded LEO stmts

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saltydog452
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'Equal Combat' or similar worded LEO stmts

#1

Post by saltydog452 » Wed Nov 19, 2014 9:32 am

Fights, scuffles, and contests can happen.

Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?

Thanks,

salty

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Charlies.Contingency
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Re: 'Equal Combat' or similar worded LEO stmts

#2

Post by Charlies.Contingency » Wed Nov 19, 2014 9:49 am

saltydog452 wrote:Fights, scuffles, and contests can happen.

Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?

Thanks,

salty
Maybe I just don't quite understand your wording correctly. Could you ask me again a little more straight forward and literal so as I might be able to answer your question? Thanks.
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Re: 'Equal Combat' or similar worded LEO stmts

#3

Post by suthdj » Wed Nov 19, 2014 9:53 am

Charlies.Contingency wrote:
saltydog452 wrote:Fights, scuffles, and contests can happen.

Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?

Thanks,

salty
Maybe I just don't quite understand your wording correctly. Could you ask me again a little more straight forward and literal so as I might be able to answer your question? Thanks.
I think he means when is mutual combat not a crime or can be let off without charges.
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Charlies.Contingency
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Re: 'Equal Combat' or similar worded LEO stmts

#4

Post by Charlies.Contingency » Wed Nov 19, 2014 10:02 am

suthdj wrote:
Charlies.Contingency wrote:
saltydog452 wrote:Fights, scuffles, and contests can happen.

Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?

Thanks,

salty
Maybe I just don't quite understand your wording correctly. Could you ask me again a little more straight forward and literal so as I might be able to answer your question? Thanks.
I think he means when is mutual combat not a crime or can be let off without charges.
At that note, just getting in a fist fight with your brother over a stupid prank and causing injury, can land you in jail with:

Codes: 13990031
Offense: "Assault Causes Bodily Injury Family Member"
Citation: 22.01(a)(1)
Statute: PC (Penal Code)
L/D: MA (Misdemeanor Class A)

(Assuming my information is still up to date of course, this would be what I'd enter during the booking process.)

However, it can be viewed at the officers discretion. After all, if it's not on paper, it never happened. That kind of stuff still happens, but I'm not aware of anything that literally allows me to just look the other way. If the officer doesn't feel like going through with it, that's on the officer IMO.

Note: None of the above should to be considered Factual, as it is personal opinion.
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Re: 'Equal Combat' or similar worded LEO stmts

#5

Post by Cedar Park Dad » Wed Nov 19, 2014 12:12 pm

saltydog452 wrote:Fights, scuffles, and contests can happen.

Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?

Thanks,

salty
Don't know. I just know the people on this board do not scuffle generally.

Whats the mantra: "Don't mess with old guys. They're too old old to fight so will likely just kill you. "


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Re: 'Equal Combat' or similar worded LEO stmts

#6

Post by n5wd » Wed Nov 19, 2014 12:29 pm

saltydog452 wrote:Fights, scuffles, and contests can happen.

Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?
Remembering that the Penal Code is a compilation of offenses against the state, you won't find something in there that says "if it was mutual combat, then the no-harm no-foul rule comes into play."

I've seen officers not file on folks who were in involved in scuffles/fights - some thought that if no one had to see a doctor, it was OK, but when domestic violence became such a public subject in the 80's and 90's, a lot of what used to slide probably went away with tickets issued or being hauled to the hoosegow, especially when the departments issued decrees that said "someone's gotta go to jail".

Bottom line - no, there's not any statue, nor any statute, that says what you're looking for.
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Re: 'Equal Combat' or similar worded LEO stmts

#7

Post by croc870 » Thu Nov 20, 2014 5:06 am

The section you are looking for is 22.06 of the the Texas Penal Code:

http://www.statutes.legis.state.tx.us/D ... /PE.22.htm

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Re: 'Equal Combat' or similar worded LEO stmts

#8

Post by Charlies.Contingency » Thu Nov 20, 2014 8:04 am

croc870 wrote:The section you are looking for is 22.06 of the the Texas Penal Code:

http://www.statutes.legis.state.tx.us/D ... /PE.22.htm
The Penal code still does not show anything that I can see or know of, that supports what the OP has in question. Unless you can provide a quote and better explain it to us, showing that there is such thing the OP asked about, then we/I will continue to assume that you are just bringing this like to the penal code to show that there is no such thing. Anytime anybody wants to browse through the codes, just follow the link bellow and have fun looking at all the laws!

http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;
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Re: 'Equal Combat' or similar worded LEO stmts

#9

Post by DocV » Thu Nov 20, 2014 8:37 am

I believe the appropriate LEO statement for such behavior would be "Disorderly Conduct"
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Re: 'Equal Combat' or similar worded LEO stmts

#10

Post by Charlies.Contingency » Thu Nov 20, 2014 8:39 am

DocV wrote:I believe the appropriate LEO statement for such behavior would be "Disorderly Conduct"
Depending on the circumstances. If there is a fight between to family members resulting in bodily injury, it could be charged as I have stated above. Disorderly conduct is not just turning a blind eye to the situation, and saying no harm no foul.
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Re: 'Equal Combat' or similar worded LEO stmts

#11

Post by MechAg94 » Thu Nov 20, 2014 9:27 am

The problem I see is fist fights can easily cause serious bodily injury in the right circumstances. Also, do you really want cops seeing two guy duking it out and doing nothing? I wouldn't think you want cops essentially becoming street fight referees.

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Re: 'Equal Combat' or similar worded LEO stmts

#12

Post by suthdj » Thu Nov 20, 2014 9:46 am

MechAg94 wrote:The problem I see is fist fights can easily cause serious bodily injury in the right circumstances. Also, do you really want cops seeing two guy duking it out and doing nothing? I wouldn't think you want cops essentially becoming street fight referees.
Fights last a very short time, How many times will the LEO's show up before it is done. By the time the combatants have finished kissed an made up is when the police show up. Not slamming the police but they just can't be everywhere in a matter of seconds, hence why we carry.
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Re: 'Equal Combat' or similar worded LEO stmts

#13

Post by Abraham » Thu Nov 20, 2014 3:39 pm

I was in the Army with a guy who had a face like a pug dog.

He told he didn't always have a face like it was when I met him. Turns out a guy punched him four times while he was on the ground.

The punches completely broke the bones into his face. He almost died, but survived with a maimed face.

Fistfights are immensely dangerous.


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Re: 'Equal Combat' or similar worded LEO stmts

#14

Post by MechAg94 » Thu Nov 20, 2014 5:30 pm

suthdj wrote:
MechAg94 wrote:The problem I see is fist fights can easily cause serious bodily injury in the right circumstances. Also, do you really want cops seeing two guy duking it out and doing nothing? I wouldn't think you want cops essentially becoming street fight referees.
Fights last a very short time, How many times will the LEO's show up before it is done. By the time the combatants have finished kissed an made up is when the police show up. Not slamming the police but they just can't be everywhere in a matter of seconds, hence why we carry.
Cops are in a difficult situation. Even if the fight is over and both side go their separate ways, he still need to document it just for liability and one party might later try to press charges or sue. Besides, if the cop isn't there, then the entire "equal combat" question doesn't apply.

I guess my view is if people want to fight it out, find a boxing ring and referee.


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Re: 'Equal Combat' or similar worded LEO stmts

#15

Post by croc870 » Thu Nov 20, 2014 6:12 pm

Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.

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