How Severe Are The Charges For Affray?

Affray, a term often associated with public disorder and violent behaviour, is a serious criminal offence in many jurisdictions, including New South Wales (NSW). The consequences of being charged with affray can be significant, impacting not only the accused’s immediate circumstances but also their long-term future. 

This blog will delve into the severity of affray penalties, the nature of affray charges, possible defences, and the importance of seeking legal assistance from a criminal defence lawyer in Sydney.

 

What Constitutes Affray?

Affray is defined as the unlawful use or threat of violence towards another person, which would cause a person of reasonable firmness present at the scene to fear for their personal safety. This definition is outlined in Section 93C of the Crimes Act 1900 (NSW). Notably, it is not necessary for a person of reasonable firmness to actually be present; it suffices if the conduct would cause such a person to fear for their safety if they were present.

Common examples of affray include getting into a physical fight in public, yelling and threatening to punch someone, engaging in road rage, or participating in a riot. The key element is that the behaviour must be severe enough to cause fear in an ordinary bystander. This distinguishes affray from other forms of assault, which may not necessarily involve public fear.

What Are the Charges for Affray?

The penalties for affray can be severe, reflecting the serious nature of the offence. In NSW, the maximum penalty for affray is 10 years imprisonment if the case is heard in the District Court. If the matter is dealt with in the Local Court, the maximum penalty is 2 years imprisonment.

The actual penalty imposed can vary based on several factors, including the nature and degree of violence involved, whether any weapons were used, the presence of aggravating circumstances such as the location of the affray (e.g., near a school), the extent of any injuries inflicted, the defendant’s criminal history, and whether the defendant shows remorse and pleads guilty early in the process. 

In addition to imprisonment, courts may impose fines, community service orders, or other conditions such as restraining orders to prevent further acts of violence.

What Are the Possible Defences for Affray?

Defending against affray charges requires a thorough understanding of the law and the specific circumstances of the case. Some of the common defences include self-defence, where the accused may argue that they used or threatened violence to protect themselves or another person from imminent harm. Another defence could be the lack of violence, where the defence may argue that the accused did not use or threaten to use violence, or that their actions did not cause a person of reasonable firmness to fear for their safety. 

Additionally, the accused may claim duress, arguing they were coerced or threatened into committing the act of affray, or necessity, arguing that their actions were necessary to prevent a greater harm. Each defence requires careful consideration of the evidence and the circumstances surrounding the incident. A skilled criminal defence lawyer can provide invaluable assistance in formulating a strong defence strategy.

 

How Can a Criminal Defence Lawyer in Sydney Help?

Facing affray charges can be daunting, but having an experienced criminal defence lawyer can make a significant difference in the outcome of the case. A lawyer can provide legal advice, explaining the charges, potential penalties, and the legal process, helping the accused make informed decisions. They can develop a tailored defence strategy, considering the specific facts of the case and the available evidence. 

Representation in court is another critical role of a lawyer, as they can present arguments, cross-examine witnesses, and advocate for the best possible outcome. 

Additionally, a lawyer can negotiate with the prosecution for reduced charges or a more lenient sentence, especially if the accused pleads guilty early in the process. The importance of legal representation cannot be overstated, as it can significantly impact the severity of the penalties imposed and the overall outcome of the case.

What Should You Do If Charged with Affray?

If you are charged with affray, it is crucial to take immediate steps to protect your rights and build a strong defence. The first step is to seek legal advice by contacting a criminal defence lawyer in Sydney as soon as possible. Early legal advice can help you understand your options and avoid common pitfalls. 

Gathering evidence that may support your defence, such as witness statements, video footage, or medical records, is also essential. It is important to avoid self-incrimination by being cautious about what you say to the police and others about the incident, as anything you say can be used against you in court.

Discussing with your lawyer whether it may be beneficial to plead guilty early to receive a reduced sentence is another crucial consideration. Navigating the legal system can be complex and overwhelming, but with the right legal support, you can work towards achieving the best possible outcome.

Seeking Legal Advice for Affray Charges?

Affray charges carry severe penalties that can have long-lasting effects on an individual’s life. Understanding the nature of affray, the potential penalties, and the available defences is crucial for anyone facing such charges. 

If you are seeking the assistance of an experienced criminal defence lawyer in Sydney then we can provide the guidance and representation needed to navigate the legal process effectively. If you or someone you know is facing affray charges, do not hesitate to contact us for advice on how to protect your rights and build a strong defence.