Affray

Affray is an offence involving the use or threat of unlawful violence towards another person in circumstances where, if there was someone else present at the scene, that person would feel fear for their personal safety. Affrays can occur in both private and public places.  Affray is a serious offence considered to be an offence against the public order to protect the peace.

IMPORTANT FACTS ABOUT AFFRAY:

1. A verbal threat cannot be words alone for an affray to be committed.  The words must be accompanied by an action that, combined with a verbal threat, could cause a witness to be fearful of their safety.
2. The threat or act of violence must be serious enough for a person of “reasonable firmness” that is a witness to the conduct to become fearful.  NOTE: a person of “reasonable firmness” doesn’t actually need to be present. The test is only whether if a person was present, would they feel fear.
3. An affray can be in a private home or in a public place.

THE LAW

Under Section 93C of the Crimes Act 1900, the affray is defined as;

• A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years.
• If 2 or more persons use or threaten unlawful violence, it is their conduct of them taken together that must be considered for the purposes of subsection (1)
• For the purposes of this section, a threat cannot be made using words alone
• No person of reasonable firmness needs actually be, or be likely to be, present at the scene.

Affray may be committed in private as well as in public places.

AFFRAY MAXIMUM PENALTIES:

The charge carries a maximum prison term of 2 years in the local court, however, in the district court, the maximum penalty is 10 years imprisonment.

HOW TO BEAT AN AFFRAY CHARGE?

You’ll be found not guilty of Affray if the police are unable to prove beyond reasonable doubt that you:

• Used or threatened unlawful violence towards another.
• Your conduct was such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.
• You intended to use or threaten violence, or you were aware that your conduct may be violent or threaten violence.

Further, you can be found not guilty of an affray by raising a complete defence such as self-defence. See more here.

NEGOTIATING THE CHARGES

When the police have laid an affray charge there are option to seek the downgrade or withdrawal of the charge by writing representations to the police. Our Criminal Lawyers will obtain the evidence and work on the best possible representations to try and avoid a hearing date. Whilst the police take time to consider representations, they are an effective method by our criminal lawyers to try and negotiate the charges prior to court hearing dates, saving you a lot of time, finances and emotional stress.

PENALTIES FOR AFFRAY

Our Criminal Lawyers will work toward obtaining the best result. There are many alternatives to a full-time imprisonment sentence. They include:

• Conditional Release Order with/without conviction
• Community Corrections Order with/without conditions of community service etc
• Intensive Corrections Orders
• Section 10: No convictions

WHAT ARE YOUR OPTIONS:

When facing an affray charge, you have several options in court. These include:

• Pleading Not Guilty: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenge the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and an experienced lawyer will always advise you these factors.
• Pleading Guilty: In some cases, you may be guilty of the charge, but the facts may be in issue. Or you may be guilty of a lesser charge and not the charge that police have laid.
• Make a s14 application: There will not be a finding of guilty should a s14 order be made. You will be diverted under the mental health act for a period of 12 months. You will avoid a criminal conviction with this option.

WHY CHOOSE A CRIMINAL LAWYER FROM CRIMINAL LAWYERS GROUP?

With offices in Sydney, Parramatta and Blacktown, our Criminal Lawyers are award-winning criminal lawyers that specialise in affray offences. Whether it’s a traffic infringement or a serious criminal case our lawyers are here to assist in providing you specialised criminal representation.