Asserting Self Defense in Cases of Disorderly Conduct Mutual Combat

Last Updated on June 10, 2025 by Beltz Law Group

Fighting in Public: When is it Disorderly Conduct, and When is it Self-Defense in Texas?

Few traffic offenses are as misunderstood as “Disorderly Conduct – Mutual Combat” in Texas. Both the public and sometimes even law enforcement can misinterpret the nuances of the law, leading to charges being filed against individuals who were simply defending themselves.

At The Beltz Law Group, we believe in empowering our clients with a clear understanding of the law. This article aims to demystify the charge of Disorderly Conduct (specifically mutual combat) and shed light on how the crucial affirmative defense of self-defense applies.

Consider these common scenarios:

Scenario 1: You’re enjoying an evening out in a public park, minding your own business. Suddenly, a stranger becomes aggressive because they dislike your shirt. Without provocation, they punch you. You instinctively react to defend yourself.

Scenario 2: You’re on school grounds for a parent-teacher meeting. Another parent, upset about a child-related issue, physically confronts you, striking you first. You respond to protect yourself from further harm.

In both examples, you are the victim of an assault, merely defending yourself. However, depending on the police officer’s training, interpretation of the situation, and available evidence, they might choose to charge both individuals with Disorderly Conduct – Mutual Combat, leaving the courts to decide who was at fault.

If you find yourself in such a situation, understanding and properly asserting the affirmative defense of self-defense is paramount.

Understanding the Disorderly Conduct Statute (Texas Penal Code § 42.01)

First, let’s examine the relevant section of the Disorderly Conduct statute to see how easily someone can be charged, regardless of their intent:

Texas Penal Code Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: … (6) fights with another in a public place; … (a-1) For purposes of Subsection (a), the term “public place” includes a public school campus or the school grounds on which a public school is located. … (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

The critical phrase here is “(a)(6) fights with another in a public place.” The statute itself doesn’t explicitly mention exceptions for self-defense. This can be problematic because, in many real-world scenarios, an officer arriving at an ongoing fight might see two people engaged in physical combat, making it difficult to immediately ascertain who initiated the aggression. Without extensive investigation (which often doesn’t happen on the scene), officers may choose to issue citations to both parties and let the courts sort it out.

Asserting the Affirmative Defense of Self-Defense (Texas Penal Code § 9.31)

Since the Disorderly Conduct statute doesn’t directly outline self-defense, you must introduce and properly assert this defense in court. The relevant law is found in the Texas Penal Code:

Texas Penal Code Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.

To successfully argue self-defense in a Disorderly Conduct – Mutual Combat case, your attorney must ensure that the judge allows this affirmative defense to be presented to the jury (or considered by the judge in a bench trial). This requires presenting sufficient evidence to support the defense. Key elements to establish include:

1. Necessity: Demonstrate that it was absolutely necessary to use force to protect yourself because the other person initiated the physical altercation and continued to pose a threat. You weren’t the aggressor; you were reacting to unlawful force.
2. Justification: Justify the degree of force used. Argue that the force you employed was reasonable and proportionate to the threat you faced, and that you acted to prevent greater harm to yourself.

Once evidence supporting necessity and justification is presented, your attorney will request that the court instruct the jury on the self-defense statute (Texas Penal Code Section 9.31) as a legal defense to the charge.

The Crucial Element: Mental State

Another often-overlooked aspect of a Disorderly Conduct charge is the required “mental state” of the accused. The statute states, “A person commits an offense if he intentionally or knowingly… fights with another in a public place.”

This is a critical point for a self-defense argument:

Texas Penal Code Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. (b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

If you were acting in self-defense, was your “conscious objective or desire” to fight, or was it to protect yourself from unlawful force? Your attorney can argue that your intent was self-preservation, not to engage in a “fight” as defined by the statute. This distinction in mental state can be pivotal to your defense. These definitions should also be included in the jury charge to guide the jury’s understanding of intent.

Proving Your Case: Evidence is Key

Every public altercation is unique. To effectively convince a jury or judge of your need to defend yourself, gathering and presenting evidence is essential. This might include:

• Witness Testimony: Are there any independent witnesses who can corroborate your account that you were not the aggressor?
• Video Evidence: Since these incidents occur in public places, there might be surveillance video from nearby businesses, street cameras, or even bystander cell phone recordings. Your attorney can request this evidence through discovery.
• Physical Evidence: Documentation of any injuries you sustained can support your claim of being assaulted.

Don’t Face Disorderly Conduct Charges Alone

As you can see, defending against a Disorderly Conduct – Mutual Combat charge, especially when self-defense is involved, requires a nuanced understanding of Texas law and a strategic approach. It’s not simply a matter of telling your side of the story. You must formally assert defenses, present supporting evidence, and ensure the jury is properly instructed on the relevant statutes.

In many instances, the presumption of innocence feels increasingly challenged. It takes a skilled and knowledgeable lawyer to navigate these complexities and ensure your innocence is established beyond a reasonable doubt.

If you or someone you know has been charged with Disorderly Conduct in Texas, particularly arising from an alleged mutual combat situation, don’t hesitate. Contact The Beltz Law Group today. We can review your case, verify the specifics, and develop a robust defense strategy to protect your rights and your record.