A charge of Affray or Riot can be brought against a person who in company causes a person to fear for their personal safety.

It is common in these type of charges for several people to be charged with an offence, and it can be difficult to distinguish those present who were actively involved in the offence, and those who just happened to be in the wrong place at the wrong time.

Such offences often involve the use of security or CCTV footage and there are evidence exclusions that must be carefully considered when defending these type of charges.

Our team of experienced lawyers can assist you in dealing with the Police, defending a charge brought against you, or by making submissions in mitigation of any sentence you may receive.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688.

The Law

You could be found guilty of Affray if you used or threatened unlawful violence towards another and such a threat would cause a person to fear for their safety. A threat cannot be made by the use of words alone. Affray may be committed in private as well as in public places. The maximum penalty for the charge of affray is ten years imprisonment.

Section 93B of the Crimes Act defines a Riot as being where a group present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause someone present to be fearful for their safety. The maximum penalty for the charge of Riot is 15 years imprisonment.

No person need actually be present at the scene for these offences and the Riot or Affray may be committed in private as well as in public places.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688