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Central Coast Affray Lawyer

Affray is a serious criminal offence in New South Wales (NSW), Australia, defined under Section 93C of the Crimes Act 1900. It involves the use or threat of unlawful violence towards another person, which would cause a reasonable person present at the scene to fear for their personal safety. Having the assistance of a Central Coast Affray Lawyer can greatly assist you in dealing with this at court.

Key Elements of Affray

  1. Unlawful Violence: The act must involve either actual violence or a credible threat of violence.
  2. Public Fear: The conduct must be severe enough that a hypothetical bystander of reasonable firmness would fear for their safety.
  3. Location: Affray can occur in both public and private settings.

Examples of Affray

  • Physical Altercations: Engaging in a fight in a public place where others might witness and feel threatened.
  • Threatening Behavior: Yelling threats or brandishing weapons in a manner that intimidates bystanders.
  • Road Rage Incidents: Aggressive driving behaviors that escalate to threats or physical confrontations.

Legal Consequences

Affray is considered a serious offence and carries a maximum penalty of up to 10 years imprisonment. The severity of the penalty reflects the potential impact on public order and safety.

Defences Against Affray Charges

Several defences can be raised against an affray charge, including:

  • Self-Defence: Arguing that the actions were necessary to protect oneself from immediate harm.
  • Lack of Violence: Demonstrating that no actual or threatened violence occurred.
  • Reasonable Person Standard: Showing that a reasonable person would not have felt threatened by the conduct.

Court Proceedings

Affray is classified as a “Table 1” offence, meaning it can be dealt with in either the Local Court or the District Court, depending on the circumstances and the decisions of the parties involved.

Understanding the implications of an affray charge is crucial for anyone involved in or witnessing such incidents. The law aims to maintain public order and protect individuals from violent and threatening behavior.

If you find yourself facing an affray charge, seeking legal advice is essential to navigate the complexities of the legal system so it is important that you speak to a Central Coast Affray lawyer before making any decisions.

Contact us for a free initial consultation to discuss what your options are.