An affray charge can be brought against two or more people involved in a public fight that causes fear to bystanders. Penalties vary depending on jurisdiction and circumstances, with incidents involving threats of violence resulting in serious charges and mandatory minimum sentences in some places.
A fight is the legal term in English common law jurisdictions for a fight or altercation between two or more people in a public place. The altercation must cause some form of terror or fear to bystanders and passers-by. An affray charge can be brought against two people engaged in a public brawl or against hundreds of people involved in mob violence or riots. Depending on the jurisdiction, people involved in a fight may be charged with a misdemeanor, usually carrying a fine or short jail term, or a misdemeanor, which carries a significant prison or imprisonment sentence.
In many regional jurisdictions, an allegation of affray is a serious consequence of what might initially appear to be a relatively minor incident, such as a bar fight or other form of disorderly conduct. However, the charge of fighting is more serious than disorderly conduct or disturbance of the peace charge because fighting is considered an offense to public order.
Public order laws govern the behavior of people in public places. In the United Kingdom (UK) the Public Order Act 1986 lists numerous activities for which a fight can be charged. Under UK law, an allegation of fighting cannot be based on words or words alone. The unlawful violence or physical threat of unlawful violence must occur in a public space. In jurisdictions outside the UK, however, the word alone can form the basis of a public policy offence.
The penalties for a public fighting charge are extremely varied and largely depend on the legal jurisdiction in which the incident occurs. The extenuating circumstances surrounding the incident also weigh heavily on the adjudication of that charge. For example, a simple argument between two people over a personal matter, unrelated to any bystanders or passers-by, typically won’t result in a charge of affray.
Incidents involving multiple parties and involving an explicit or implicit threat of terror or violence directed at bystanders or bystanders will generally be considered a serious public order offense and adjudicated as such. In some jurisdictions, there are mandatory minimum sentences for such cases in which defendants are found guilty, often involving jail time, community service, and substantial punitive and compensatory fines.
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