Over 50 years of combined experience

Success in Courts Australia-Wide

5 x Convenient Locations across Sydney and NSW

What are affray charges?

Affray is a charge that is laid by police in circumstances where, generally, a person behaves in a manner in public that would cause others to fear for their safety. Affray is usually considered more serious than a common assault, and carries a heavier penalty.

Your options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You used or threatened unlawful violence towards another person;
  2. Your conduct would cause a person of reasonable firmness present at the scene to fear for their safety.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

What is the penalty for Affray?

The offence of Affray carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court.

Affray is an offence that may in some circumstances be dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with affray after a late night fight he was involved in outside a nightclub in Sydney City.The whole incident was captured on CCTV that was provided to the us by the police as part of the brief of evidence.

Our client insisted that he only got involved in the fight after fearing for his friend’s safety. After analysing the case thoroughly, stringently viewing every view of the CCTV footage, obtaining statements from our client’s friends, we took the case to a defended hearing at the Downing Centre Local Court in February 2011.

Our argument was that our client’s actions were lawful, in that he acted the way he did only in self defence of his friend.

After a long hearing, our client gave evidence. Ultimately Magistrate Favretto agreed that the charge should be dismissed.

Our client appeared unrepresented without a lawyer at Waverley Court and was convicted of affray following a fight with another patron at a pub. At the time he committed the assault he was on a good behaviour bond for a similar offence.

The Magistrate ordered he complete 150 hours of community service for the Affray and re-sentenced him for the breach of the bond, by imposing another good behaviour bond for a further two years.

Within 4 months the client breached the Community Service Order and sought the advice of LY Lawyers when another solicitor told him he would likely receive a term of imprisonment.

LY Lawyers appeared on his behalf and argued that the breach of the Community Service Order did not mean the court had to impose a penalty harsher.

Our solicitor provided a context to the Affray that the client had failed to do when he appeared for himself.

The Magistrate accepted that the conduct of the client was not objectively serious enough to warrant a sentence of imprisonment, suspended or otherwise, and in the circumstances the matter could appropriately be dealt with by way of a Section 9 Good Behaviour bond.

This meant, despite breaching the Community Service Order, he received a lighter sentence than when he had represented himself.

Our client was charged affray. CCTV footage captured the incident which involved a 10 person brawl at a racecourse. Our client was previously charged with a similar type of affray three years earlier and was placed on a suspended sentence on that occasion. The footage clearly showed our client violently participating in the affray.

Our solicitors successfully negotiated the police facts to reduce our client’s criminality. Further on our advice our client sought the assistance of a counsellor and participated in anger management course.

The matter proceeded to sentence at Waverley Local Court. Our solicitor argued that our client only became involved after once of his friends was assaulted. Further the court accepted our client had good prospects of rehabilitation and showed significant remorse. The court ordered that our client perform 100 hours community service.

Our client was self-represented in the Local Court and pleaded guilty to affray without properly instructing a lawyer.

On the day which his case was listed for sentence Chief Magistrate Henson told our client that he would without any doubt be going to jail and he should get a lawyer quickly.

Our client had lost his job as a result of the criminal proceedings and was now facing prison.

The charges were very serious and included a fight where our client kneed the victim 3 times in the head whilst he was on the floor, splitting the victim’s head open.

Our solicitor prepared our client for sentencing and ensured that the case was expertly prepared, presented and argued.

Our client was sentenced before Her Honour Magistrate Gilmore at the Downing Centre Local Court in April 2015. Her Honour took into account the fact that he had previously been convicted of violent offences but that he was someone who was very remorseful and capable of changing his ways for the better.

He was sentenced to 100 hours of community service. This was an excellent result for our client.

He was very relieved that he was not going to jail.

Contact us for your Free initial consultation. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong or Newcastle office.

Book Your Free Consultation

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
9

Our Locations

5 offices conveniently located across Sydney