Charged with Affray First Offence in NSW?
Being charged with affray first offence is a daunting experience. Affray is a serious crime in New South Wales (NSW) that involves using or threatening unlawful violence towards others, causing fear to people nearby. Even as a first-time offender, an affray charge NSW can carry significant consequences. This article explains what an affray charge means, the penalties for the offence, and why having experienced legal representation is crucial. We’ll also discuss how our Blacktown criminal lawyers can assist you through the legal process and fight for the best possible outcome.
Understanding Affray Charges in NSW
Affray: Under section 93C of the Crimes Act 1900, affray is a public order offence where a person uses or threatens violence that would make a reasonable bystander fear for their safety. Importantly, an affray can occur in either a public or private place. Also an actual person who fears the conduct need not be present. It is enough that a hypothetical “person of reasonable firmness” would be fearful by the conduct. Common examples include pub brawls, group fights on the street, road rage incidents, or violent outbursts at public events.
Why police charge affray: Police often lay an affray charge in situations involving group violence. It’s sometimes used as a catch-all charge when multiple people are involved in a fight and it’s hard to single out any individual participants. For instance, if there was a brawl with several participants, police might charge everyone with affray (instead of individual assault charges) because it focuses on the public disturbance aspect rather than identifying a specific victim. If you’re facing an affray charge NSW, it means authorities consider the incident to be quite serious warranting this charge rather than an assault or offensive behaviour charge.
Penalties for Affray Charges in NSW
Being charged with affray is serious, but courts may consider leniency if it’s your first offence when determining the sentence. In NSW, the maximum penalty for affray is quite severe. It reflects the legislature’s intent in attempting to deter violent conduct and maintaining public order.
Affray carries a maximum of 10 years in prison if the case is heard on indictment in a District Court. However, most affray cases are handled in the Local Court, where the maximum jurisdictional limit is 2 years.
Fines and community based orders. The Courts can deal with persons charged with affray first offence via community based orders and fines. Such options will be exercised when deemed appropriate by the Court.
Defending an Affray Charge
If you plead not guilty to affray, the matter will go to a defended hearing or trial. To secure a conviction, the prosecution must prove that you used or threatened unlawful violence. Further that your conduct was such that it would cause fear to an ordinary person. The standard is beyond a reasonable doubt. There are several ways our criminal lawyers Blacktown can defend an affray charge:
Self-defence: If you were acting to protect yourself or someone else, and used no more force than necessary, you may have a valid defence.
No violent or threatening conduct: You can put the prosecution to proof on whether the alleged conduct against you amounted to unlawful violence.
Lack of fear: You can argue that the situation was not likely to cause fear to bystanders.
Mistaken identity: If identification is an issue, the prosecution must prove beyond a reasonable doubt that it was you who engaged in the alleged unlawful violence.
Steps After an Affray Charge (First Offence)
If you or a loved one has been charged with affray first offence, consider consulting a lawyer. Do not delay in seeking legal advice. An early consultation with criminal lawyers Blacktown will clarify the road ahead. We offer a free initial consultation to assess your case and discuss your options.
Being charged with affray first offence in NSW is a serious matter, but you don’t have to face it alone. Our Blacktown criminal lawyers is here to help you.
Contact us today for a free, no-obligation consultation with our criminal lawyers Blacktown.
