I donât agree with your assessment of the legal distinctions in this situation. It doesnât automatically become mutual combat simply because they are both fighting, and the description here doesnât make it clear Mike had an opportunity to leave and chose to hang around and fight.
It becomes mutual combat only when parties consensually agree to engage in a fair fight, either explicitly or implicitly. Meaning neither individual uses weapons and stops hitting when the other party disengages... By claiming the combat was initially mutual, you are sacrificing your ability to claim that you acted in self-defense in most cases.Correct. But, this is one of the points that will be argued in court. Understanding how a situation becomes mutual combat, in this location will help to determine whether they did or did not enter into mutual combat. I even posted California Criminal Jury instructions which state that the agreement to enter into mutual combat may be stated or implied. (even bolded that part above) I would expect this transition to be brought up in court or at least considered.
Therefore, neither Jim nor Mike can claim mutual combat as a defense to avoid battery charges. In mutual combat, both parties are seen as initial aggressors and lose the claim to self-defense.
No, both are initial aggressors in mutual combat and lose their right to claim self defense. It's only when he "withdraws [from the mutual combat] in good faith and communicates that intent to withdraw" does he get to claim self defense.Automatically.... no, you are correct. However, as shown in my previous citations from expert witnesses, lawyers and cases... Both the initial aggressor and the participant in mutual combat can regain their right to self defense, if certain conditions are met.
See the case I sourced above United State vs Behenna, "an initial aggressor or a mutual combatant regains the right to act in self-defense if the other party escalates the degree of force, or if the initial aggressor or the mutual combatant withdraws in good faith and communicates that intent to withdraw."
Genuine self-defense only happens when one party starts the fight against the wishes of the other.
And just because Jim is injured as a result of his attack on Mike, he doesnât automatically have a right to defend himself.
At that point, there is no mutual combat. Jim may have lost his right to claim self defense, as he is the initial aggressor.The expert witness further elaborates that disabling attack by one would put the other at severe risk of death or great bodily injury.... this difference can be so great, that it can be considered a deadly weapon.
Again, these are points that will be argued and or considered in court. I think it is worth researching and understanding the law. You don't get off scot free, just because it is you claiming it was all self defense.
Mike may have reasonably feared death or serious bodily harm from JIm's armed (deadly) and unarmed (non-deadly) attacks and legally defended himself. It may be found in court Jim started the fight, Mike legally defended himself and Jim murdered him.