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  3. Criminal Charges for Flagrant Fouls in the NBA

Criminal Charges for Flagrant Fouls in the NBA

Dec 19, 2023 | Criminal Charges in Sports

We are certainly not the only ones who have wondered why, after a flagrant foul, a fight, or other violence not within the scope of playing basketball, there are no criminal charges filed against basketball players in the NBA (or other professional sports). The answer is that there have been criminal charges filed as the result of sports attacks, but they are so rare that most of us missed them.

The first area to look at in trying to understand the issue of sports violence and criminal charges is the issue of violence that occurs naturally during a sporting event. In basketball, pushing and shoving, while it may sometimes constitute a “foul,” is an accepted and expected part of the sport. In football, what would ordinarily be considered extremely violent behavior is an expected part of a football game. And in boxing, violent assault is the sport!

The lack of criminal charges for this type of violence and physical contact is fairly simple. When you engage in activities, for example, professional basketball, you consent to the “violence” generally considered as part of the game, even fouls. But what about “flagrant fouls” designed to inflict serious injuries on another player? And how does consent apply to physical fights during, let’s say, a basketball game?

Probably the most disturbing example of a fight in the NBA came many years ago, in 1977, during a game between the Los Angeles Lakers and the Houston Rockets. A fight broke out involving players from both teams. During the melee, LA forward Kermit Washington punched Rockets forward Rudy Tomjanovich in the face. As a result of the punch, Tomjanovich suffered a fractured skull, broken jaw, broken nose, and spinal fluid leakage. You would think that if any violence would produce a criminal charge, it would be that one. In fact, Washington was fined and suspended by the NBA for 60 days, but no criminal charges were ever filed. So we guess it should come as no surprise that the recent actions of Golden State Warriors’ Draymond Green – stepping on another player, putting another player in a headlock, punching, etc. – has led to an indefinite suspension, but no criminal charges.

Interestingly, there have been criminal charges filed against amateur football players, as well as recreational basketball players. There is also at least one case of criminal charges being filed against players in the NBA for on-court violence. That took place in 2004 in a game between the Indiana Pacers and the Detroit Pistons. As a result of a brawl, 5 Pacers were charged with misdemeanor assault. We should add that the charges could have been the result of the fact that the participants included fans attending the game.

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