Criminal Lawyers for Affray and Riot
Our criminal lawyers are experts in affray and riot offences.
Our criminal lawyers, with 500+ five-star Google reviews, have a proven track record of beating affray and riot charges, keeping our clients out of jail, and obtaining no convictions.
Pleading not guilty to affray
You will be found not guilty of affray if each of the following conditions cannot be proven beyond reasonable doubt.
- You threatened or used unlawful violence, with or without others “Unlawful violence” simply means violence that is not excusable by law. If there was more than one person involved in the behaviour, everyone’s unlawful violence is taken together to determine whether an affray has been proven beyond a reasonable doubt.
- A person of “reasonable firmness” present would fear for their safety: No person of reasonable firmness need actually be, or be likely to be, present at the scene. An affray can be committed where you are the only person engaging in unlawful violence.
It is also important to note the following three relevant matters:
- A person of reasonable firmness refers to a hypothetical average or ordinary person: A “person of reasonable firmness” is a person who is neither particularly tough, fearless, timid, nor easily scared.
- An action must accompany any threat of unlawful violence: Threats cannot be made with words alone for an act of affray to have taken place. While affray can include threats of violence, some physical action is required, taken together with these verbal threats, causing fear, must exist.
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Affray may be committed in private as well as in public places.
You can read more information about pleading not guilty here.
Pleading not guilty to riot
You will be found not guilty of riot if each of the following conditions cannot be proven beyond reasonable doubt.
- There were 12 or more people present: Unlike affray, which a single person can commit, a riot offence must involve at least 12 people.
- Those persons used or threatened unlawful violence: “Unlawful violence” simply means violence that is not excusable by law.
- For a common purpose: The common purpose may be inferred from the conduct.
- A person of reasonable firmness would fear for his or her safety: No person of reasonable firmness need actually be, or be likely to be, present at the scene. A riot offence can be committed where you are the only person engaging in unlawful violence.
Like affray, riot may be committed in private and public places.
You can read more information about pleading not guilty here.
Defences to riot and affray
Ways that our criminal lawyers beat charges of Affray and riot for our clients include the following defences.
- Raising self-defence when violence is used to protect yourself, your property, or another person. You can read more about self-defence here.
- Identification of the person, where it is conceded that someone committed the offence, but it was not you.
- You were present but didn’t use or threaten to use unlawful violence.
- That someone of reasonable firmness would not have feared for their safety because of your conduct.
Pleading guilty to affray or riot
The maximum penalty for affray is 10 years imprisonment in the District Court and two years imprisonment if the case is heard in the Local Court.
The maximum penalty for riot is 15 years imprisonment in the District Court and two years imprisonment if the case is heard in the Local Court.
The maximum penalties are reserved for the worst offenders with the worst records, and we commonly obtain sentences for our clients that do not involve imprisonment and often do not involve convictions.
Our criminal lawyers are experts at getting the best results for charges of affray and riot, including having charges downgraded to less serious offences.
You can read more about pleading guilty here.
Can I have my riot or affray charge downgraded?
Yes. Riot or affray offences can often be downgraded. For example, a plea deal can reduce a riot charge to an affray or have an affray reduced to a common assault or violent disorder offence. A good plea deal is often the difference between a sentence of imprisonment and a community-based order or having no conviction recorded.
You can find out more about alternative charges that can be used in plea negotiations here.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your affray or riot charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
Case Study
Australian Criminal Law Group represented people charged with Affray following a brawl involving security guards in the city. Our Sydney criminal lawyer examined the CCTV available and compared it to the versions of events given by the security guards. He was then able to cross-examine the witnesses on inconsistencies between CCTV and what they said happened. The Magistrate found the security guards were untruthful witnesses and found our clients not guilty.
Case Study
Australian Criminal law Group represented a client charged with affray. Our Parramatta Criminal Lawyer argued the client was not involved in the affray and had been incorrectly identified as a participant. The court accepted the person in CCTV was not our client and found him not guilty. The police were ordered to pay our client’s legal costs.
Case Study
Australian Criminal Law Group represented two clients charged with affray in an apartment block. Our Sydney Criminal Lawyer successfully argued self-defence and that the other people involved had commenced the fight outside our clients unit. Our lawyer spent 4 days cross examining witnesses to show inconsistencies and lies. Both our clients were found not guilty.
Case Study
Australian Criminal Law Group represented a 21-year-old man caught up in a wild brawl that involved 16 people. Our Sydney criminal lawyer negotiated the facts so that his role in the affray was minor. Based on our lawyer’s submissions the magistrate saw fit to deal with the matter by way of section 10 with no conviction.
Case Study
Australian Criminal Law Group represented a Defendant charged with Riot following a brawl that involved 30 people and weapons. CCTV showed our client stabbing someone in the back. Our Parramatta criminal lawyer negotiated for the defendant to plead guilty to the lesser charge of Affray. This was on the basis that he threw a punch at the early stage of the brawl but used the weapon later in self-defence. The Magistrate found his involvement was minor and he received a good behaviour bond.
Case Study
Australian Criminal Law Group represented a Defendant charged with Affray. The brawl was between members of two bikie gangs. Our Parramatta criminal lawyer negotiated the facts to reflect that our client was not the instigator. He also showed that his involvement was incidental to a friendship and that he was not a bikie. The Magistrate found him to be of good character and unlikely to re-offend and did not record a criminal conviction.
Case Study
Australian Criminal Law Group represented a client charged with affray following a fight at the races. Our Blacktown criminal lawyer argued the first portion of the right was in self defence and it was only a later punch that comprised an assault. The affray, an offence carrying a maximum penalty of 10 years imprisonment, was withdrawn, and the client pleaded guilty to common assault, with a maximum penalty of 2 years imprisonment. The Magistrate accepted our criminal lawyers submissions and our client a section 10 without conviction.
Source:
Crimes Act 1900 No 40, Current version for 1 January 2022 to date (accessed 7 March 2022 at 21:52) https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
This information is intended as a general guide to law only. It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.
Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, the Australian Criminal Law Group makes no warranties or representations as to its accuracy.