02 9159 9010
Facing an Affray Charge in NSW?
Affray is a serious criminal offence under section 93C of the Crimes Act 1900 (NSW), carrying a maximum penalty of 10 years’ imprisonment. Unlike other assault offences, affray is assessed from the perspective of an innocent bystander — a hypothetical “person of reasonable firmness” — rather than the direct victim.
If you have been charged with affray, contact Blackridge Law on 02 9159 9010 for a free consultation.
What Is Affray?
Affray involves a person using or threatening violence towards another person in circumstances where their conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety. The offence can occur in both public and private settings.
A key distinction from assault is that affray focuses on the impact of the violence on bystanders, not solely on the direct victim. Threats alone are not sufficient — the threat must be accompanied by some form of conduct or action.
Elements of Affray
- You used or threatened violence towards another person
- Your conduct would cause a hypothetical person of reasonable firmness present at the scene to fear for their personal safety
Where more than one person is involved, the court will consider the combined conduct of all participants.
Common Examples
- Physical fights involving two or more people in a public place such as outside a nightclub or bar
- Throwing objects towards a group of people in circumstances where serious harm could occur
- Threatening others with weapons such as knives or other objects
Penalties for Affray
The maximum penalty is 10 years’ imprisonment. In the Local Court, the maximum is 2 years. Given the severity of this offence, particularly where weapons are involved or the incident occurs in a public place, experienced legal representation is essential.
How Blackridge Law Can Help
Affray charges often arise from group incidents where multiple people are charged. Our lawyers carefully review the evidence to determine your specific role, challenge whether the legal threshold of the “person of reasonable firmness” test is met, and negotiate with the prosecution where appropriate. In many cases, affray charges can be negotiated down to less serious offences.
Speak with a lawyer
Charged with affray? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
Need legal advice?
Get clear guidance and practical support from an experienced legal team.