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.
Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You used or threatened unlawful violence towards another person;
- 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.
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: