Andre Berto Says He Doesn't Punch Regular Dudes, He Slaps Them

Attention world class fighters who want to punish regular guys for disrespect -- but don't wanna go to jail ... former boxing champ Andre Berto has a work-around for your frustrations.

Berto was leaving Mastro's in Bev Hills when we told him about Marlon Wayans saying he witnessed UFC star Nate Diaz beat up a regular homeboy who had gotten a little out of control.

We then asked Berto how he deals with those types, being that he's a fighter and legally can't go crazy on an average Joe ... and it turns out Berto has a whole strategy.

"You can slap them. As long as it's not closed fist. I mean, I don't know about MMA but with boxing, as long as it's not closed fist, I'd smack the sh*t out of them."

Here's the thing ... we spoke with a prosecutor and asked if Berto's logic was legally sound. The answer -- "No."