A charge of affray is a serious charge, it carries a maximum penalty of 10 years imprisonment.
Affray is considered a more serious charge than Common Assault. While Common Assault is not considered as serious it is not something to take lightly.
A conviction for Affray can be obtained more readily than a conviction for Assault.
Both charges require a mental element to be proved on the part of the alleged offender. The mental element for Affray under section 93D(2) of the Crimes Act 1900 (NSW) is established if the person intends to use violence, threatens violence or is aware that his or her conduct may be violent or threaten violence.
These complex issues require the right advice before you elect to plead guilty or not guilty, if you have been charged with an offence of Assault or Affray you should contact our office immediately.