Charged with affray or contacted by police?
Affray charges often arise from fights, group incidents or confrontations in public or private places. ED Legal provides advice and court representation for people charged with affray in Sydney and across NSW.
If police say you used or threatened violence, the precise footage, witness accounts and circumstances matter. We can explain the allegation, assess the evidence and help you decide how to respond.
Request a free initial consultation
How we can help you
We can obtain and review the police material, including CCTV, body-worn video, phone footage and witness statements where available. We will compare that material with your account and identify the issues the prosecution must prove.
We can advise before a police interview, prepare a defended case, make representations where appropriate and represent you at court. If you intend to plead guilty, we can also advise on the police facts and sentencing preparation.
Before a police interview or your court date
If police want to interview you about an affray allegation, get legal advice before deciding whether to participate. What you say can become part of the evidence relied on in court.
Understanding an affray charge
Affray is an offence under section 93C of the Crimes Act 1900 (NSW). The focus is on the alleged use or threat of unlawful violence and whether the conduct was such that a person of reasonable firmness present at the scene would fear for their personal safety.
What the prosecution must prove
The prosecution must prove the elements of the offence beyond reasonable doubt. The precise issues can include what you did, whether any violence or threat was unlawful, the surrounding circumstances and whether the required public-safety test is met.
Group incidents and identification
Affray is commonly charged after an incident involving several people. That does not mean everyone present is automatically guilty. Identification, each person's conduct and the sequence of events can be critical, particularly where footage is incomplete or the incident developed quickly.
Maximum penalty
The maximum penalty for affray under section 93C is 10 years imprisonment. The sentence in an individual case depends on the seriousness of the conduct, the role played, any injuries or weapons, prior history and the court dealing with the matter.
Disputing affray or relying on self-defence
Being charged does not establish guilt. We can test whether the evidence proves that you personally used or threatened unlawful violence and whether the legal test for affray is satisfied.
Self-defence may be relevant where you acted to protect yourself or another person. The circumstances you perceived, why you acted and whether your response was reasonable require careful analysis.
Other issues may include mistaken identification, the reliability of witnesses, whether video captures the whole incident and whether the alleged conduct was defensive rather than unlawful aggression.
Affray can overlap factually with assault and other public-order offences. The correct strategy depends on the exact charge and evidence rather than the label police initially use.
Deciding how to respond at court
Get advice before entering a plea. If you dispute the charge, we can assess the evidence, identify the issues for hearing and prepare the case. Where appropriate, we can make representations about the charge or agreed facts.
If you intend to plead guilty, the facts still matter. We can check that the version placed before the court accurately reflects your conduct and prepare material relevant to sentence.
Bail, co-accused and related charges
Affray matters may involve bail conditions, co-accused people or related assault, weapon or property charges. Conditions about contact or locations must be followed unless they are changed by the court.
Tell us immediately if you are in custody, have restrictive bail conditions or are unsure whether you can contact another person involved in the case. We can advise about bail and the effect of related charges.
Sentencing for affray
If affray is proved, sentencing is highly fact-specific. The court may consider the level and duration of violence, your role, whether weapons were involved, injuries, planning, your record and your personal circumstances. We can explain the available sentencing options and prepare your case.
Preparing to speak with a lawyer
When you contact us, tell us the charge, the court and next court date if known, and whether anyone is in custody. Have any Court Attendance Notice, bail papers and police material available. Preserve any relevant footage or messages in their original form.
For advice about an affray charge, contact ED Legal for a free initial consultation. You can also learn about our broader criminal law services.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
