Affray Lawyers

What is Affray?

Put simply, Affray is acting violently, or menacingly, in front of other people. It’s the kind of behaviour that makes people feel that their bodily safety is at risk. The more aggressive and intimidating the behaviour, the more likely it is that the victim will feel threatened and fear for their personal safety.

Affray is defined in section 93C of the Crimes Act 1900. The maximum penalty that the courts can impose for Affray is 10 years’ imprisonment. It’s very important that you get legal advice as soon as you know that you’re facing an Affray charge, particularly before you take part in any police interviews.

What actions or activities might constitute Affray?

Affray is one charge that covers many transgressions. Typical examples of Affray include:

• Road rage
• Getting involved in a riot
• Threatening to physically harm someone
• Getting involved in a physical fight in front of one or more people

How does the prosecution prove Affray?

The police, or the prosecution, must prove a few things beyond a reasonable doubt in order to convict you of Affray. They must prove that:

• You used violence against another person, or you threatened to do so;
• You acted intentionally – meaning, you intended to act violently, or you intended to threaten the person with violence;
• The way you acted would cause the reasonable person to fear for their personal safety; and
• You behaved this way without a lawful excuse.

Your defence lawyer can tell you more about what the prosecution must prove in your case.

Defences against the charge of Affray

There are various ways to defend yourself against the charge of Affray. You can:

• Argue that you acted through self-defence, out of necessity, or while under duress;
• Argue that you didn’t use or threaten to use violence;
• Argue that you didn’t intend to use, or intend to threaten, violence;
• Maintain your innocence against the alleged act; or
• Possibly argue that someone with reasonable psychological and emotional robustness wouldn’t have feared for their personal safety as a result of your actions.

You can talk through these defences with your defence lawyer at Riviere Law.

Possible Penalties

Penalties for Affray vary, but they include:

• Fines
• Community Corrections Order (CCO)
• Imprisonment (this is the most severe penalty and it’s typically reserved for very serious Affray offences)

Remember, never plead guilty to the charge of Affray without seeking legal advice. There can be many unforeseen consequences to a criminal conviction, particularly if you work in a job which requires you to have a clean criminal record. Depending on the circumstances, it may be possible to plead guilty to Affray without the charge going on your criminal record, which is why legal advice at an early stage is essential.

If you’ve been charged with Affray, or you’re facing possible Affray charges, contact Riviere Law to improve your chances of avoiding a criminal conviction.

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