What is affray?
A charge of affray relates to a person or group that uses or threatens unlawful violence, causing a reasonable person to fear for their safety.
Affray can be committed in either private or public settings and carries a maximum penalty of 10 years imprisonment.
Circumstances you may be charged with affray
A charge of affray is possible in the following circumstances:
- Involvement in a public fight, for example, a nightclub brawl or street fight
- Engaging in road rage
- Partaking in a riot or violent protest
What are defences to a charge of affray?
On a case-by-case basis, our Sydney affray lawyers at may be able to defend a charge of affray if:
For example,
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with affray in Sydney
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced Sydney affray lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of affray is to contact our Sydney affray lawyers. Our affray solicitors at The Australian Legal Practice have extensive experience and specialise in affray charges. We provide tailored advice and are armed with the right knowledge to fight your affray case.
Frequently Asked Questions
1) What is affray?
Affray is a criminal offence that involves a person (or group) using or threatening unlawful violence, where the conduct would cause a reasonable person to fear for their safety.
Affray can occur in both public and private places.
2) Does affray have to happen in public?
No. Affray can be committed in either a public or private setting.
What matters is whether the violence (or threat of violence) would make a reasonable person fear for their safety.
3) What situations can lead to an affray charge?
You may be charged with affray in situations such as:
Being involved in a public fight (e.g., a nightclub brawl or street fight)
Engaging in road rage
Taking part in a riot or violent protest
4) What are the defences to an affray charge?
Defences depend on the facts of your case, but common defences may include:
Self-defence (including defence of another person or property)
Duress (you were threatened or forced into acting)
Necessity (your actions were required to prevent a greater harm)
A lawyer can assess whether one of these defences applies in your matter.
5) What should I do if I’ve been charged with affray in Sydney?
If you’ve been charged, you generally have two options:
Plead guilty (admit the offence)
Plead not guilty (contest the charge)
If you plead not guilty, a lawyer can challenge the prosecution case and fight for the best possible outcome.
Call (02) 8084 9929 today to arrange a free initial consultation with our Sydney affray lawyers.
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