Affray
Affray
Affray is a public order offence under Section 93C of the Crimes Act 1900 (NSW). An affray is an of offence of violence more serious than a common assault usually occurring in public.
We develop a detailed defence strategy to minimise the impact and challenge the prosecution’s case.
What must the Prosecution Prove?
The Prosecution must prove beyond a reasonable doubt that the accused:
- Used or threaten to use violence toward another person
- Cause a person of reasonable firmness at the scene to fear for their safety.
Penalties for Affray
District Court : 10 years imprisonment.
If dealt with in the Local Court: Maximum of 2 years imprisonment and/or a fine of $11,000
Defences to Affray
- Self-Defence: Your actions were a reasonable response to a perceived threat.
- Mistaken Identity: The prosecution cannot prove you were involved.
- Consent: The alleged victim consented to your actions.
- Duress: You were forced to act under threat.
- Necessity: Your actions were necessary to avoid greater harm.
Why Do I Need a Lawyer?
Contact IMS Lawyers Australia today for experienced guidance and support for Affray offences. With a prison sentence or criminal record looming if found guilty, we make sure we put you in the best position to achieve the best possible outcome.
