What is affray?
Affray occurs where you use or threaten to use unlawful violence towards another person. These acts of violence or threats of violence must be serious enough to cause an ordinary person to fear for their personal safety (s 93C Crimes Act 1900).
If you are charged, before you can be found guilty the prosecution must prove beyond reasonable doubt that you:
- You used or threatened unlawful violence towards another and,
- Your conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray (no person of reasonable firmness need actually be present at the scene).
Penalties for affray
Penalties for affray offences are:
- 10 years imprisonment when your matter is dealt with in the District Court and,
- 2 years imprisonment when your matter is dealt with in the Local Court
You have the options of pleading guilty or not guilty in court for Affray charges.
Going to court and being charged with Affray can be a stressful and difficult experience; our criminal defence team is here to help you.
You may ask for a free first consultation to discuss costs and your legal options.
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