Affray is a serious criminal offence that carries a maximum penalty of ten years imprisonment. Being charged with Affray can result in a criminal record, which can negatively impact your ability to work and travel.
The charge of Affray applies to a person who uses, or threatens to use, unlawful violence against another person.
To be found guilty of an Affray, the police must prove the following beyond reasonable doubt:
- A person used, or threatened to use, unlawful violence towards another person, and
- That person intended to use, or intended to threaten to use, violence, and
- The person’s actions would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, and
- The person did so without lawful excuse.
Affray is usually considered more serious than common assault and carries a heavier penalty. There are a number of defences to Affray, so if you or anyone you know has been charged with Affray, it is important to speak to a criminal lawyer with experience in this type of matter as soon as possible.
At Conditsis, our award-winning criminal lawyers are experts in all types of criminal matters, including Affray, and can give you the right advice and representation to ensure you achieve the best possible outcome for your matter.
We offer a free no obligation first consultation so, if you have been charged with Affray, call our expert team now on 02 4058 5844.