Georgia Criminal Defense Lawyer Blog
An affray is when people fight or threaten violence in public, causing fear or disturbance to others. It is a legal term for a public order offense. Georgia Code OCGA § 16-11-32 defines it.
Public Disturbance: The essential element of affray is that the fight or threat of violence must disturb public tranquility. This means that the actions must cause fear or alarm to ordinary people present at the scene.
In most places, affray means wanting to fight, having at least two people involved, and it happening in a public place. In Georgia, affray is when two or more people fight in a public place and disturb the peace.
In Georgia, affray is a misdemeanor with penalties including a maximum fine of $1,000 and up to one year in jail.
In juvenile cases, penalties can include probation, counseling, community service, and other rehabilitative measures
Differences Between Affray and a General Fight
There are key differences between an affray and a general fight. Authorities do not always consider a general fight a public order offense. It must meet certain legal criteria, such as causing public disturbance or involving unlawful violence
Private or Public: A fight can occur in both private and public settings. A fight can be considered without necessarily disturbing public tranquility.
Legal Implications: The legal implications of a fight depend on the context and jurisdiction. A fight may lead to charges such as assault or battery if it involves physical harm or the threat of harm to individuals.
Penalties for fighting can range from minor fines to severe criminal charges. The severity of the consequences depends on the level of harm caused and the nature of the actions.
Examples of Affray
Two individuals fighting in a public park, causing bystanders to fear for their safety, constitutes an affray. The public nature and the disturbance caused are key elements.
If two people fight in a house without causing a disturbance in public, it may not be considered an affray. However, they could still face charges for assault or battery depending on the circumstances.
In simple terms, affray and a general fight both include physical altercations. However, affray is focused on disturbances in public places. It has its own legal definitions and penalties.
If one combatant is acquitted, the other cannot be convicted of affray. Affray charges often accompany other serious crimes, such as gang activity.
Common Defenses Against a Public Affray Charge
Common defenses against an affray charge in Georgia include:
- Lack of Public Place: Demonstrating that the incident did not occur in a public place is a common defense. If the fight happened in a private setting, it does not meet the criteria for affray.
- No Disturbance of Public Peace: Arguing that the fight did not disturb the public peace can be a valid defense. If the altercation did not alarm or disturb the public, it may not qualify as affray.
- Self-defense can help someone defend against an affray charge. This is when they were defending themselves and did not want to fight. Showing self-defense can be beneficial for their defense in court. It proves that they were acting in a defensive manner rather than engaging in a fight.
- Lack of Intent to Fight: Showing that there was no mutual intent to engage in a fight can also be a defense. If one party was not willing to fight, it may not constitute affray.
- Insufficient Evidence: Challenging the evidence presented by the prosecution, such as witness testimony or video footage, can be another defense strategy. If the evidence does not sufficiently prove the elements of affray, the charges may be dismissed.
These defenses question specific aspects required to prove an affray charge. They focus on the location of the incident, whether it disturbed public peace, and if there was a mutual intent to fight.
Call criminal defense lawyer Larry Kohn or Cory Yager at (404) 567-5515 to avoid possible conviction penalties.