What is the definition of mutual combat

Of course. The police have to make a determination of who they think the primary aggressor is, and that's the person they arrest. She needs to hire a defense attorney as soon as possible. Rarely are both parties arrested. Her attorney can explain the defense of mutual combat with her and review the state's evidence to see if it applies. If she threw the first punch, the other woman can claim self-defense. These are very fact-specific cases.

" Mutual Combat" means that if a person voluntarily engages in a combat (i.e. a fight), knowing that it will, or may result in death, or some serious bodily injury which may probably produce the death of his adversary or himself, he can not claim that he is acting in self-defense. I agree that these cases are fact-specific. Depending on the specific facts, your niece may be able to claim "self-defense" under Section 9.31 of the Texas Penal Code.

Mutual combat is essentially were both parties are consenting to an altercation. The problem is, that typically one will still be charged with assault as the aggressor. They also both may be given disturbing the peace tickets depending on the facts of the case.