Affray is a severe crime in Australia. An individual is guilty of affray if he/she threatens or uses unlawful violence towards another person. Affray charges also include the person’s behaviour (violence perpetrator) that could cause the other person to fear for his safety in a public place.
Crimes like affray carry rigorous punishment in Australia. If proven guilty, the convicted person may be sentenced to rigorous imprisonment for two years in the local court or ten years in the district court.
The difference in Law in Different Jurisdictions
The affray law in Australia is not uniform, and its interpretation can be different. The South Wales law states a person could be held guilty of affray if the person resorts to violent behaviour or threatens other people’s safety in a public or private place.
The Queensland law states the person could be held guilty of affray if he/she displays violent behaviour in a public place or a place that can be accessed by the public.
How can a criminal lawyer help when they are found guilty of affray?
Consider a situation where you ended in a scuffle with a person in a public place. The police will charge you with a crime and present you in the court. Though you may know you have done something wrong in the heart by fighting in a public place, you may not be guilty of the affray you are accused of. There is a possibility you do not deserve rigorous punishment reserved for affray crimes.
The criminal lawyer’s job is not to decide whether you are guilty of affray or not. Instead, the criminal lawyer’s job is to provide you defence for the affray charges you are accused of. The defence counsel will take the responsibility seriously and will do everything possible in the purview of the law to present a thorough defence on your side.
How does the criminal lawyer help you in the court?
When you are presented in the court by the law authorities, there is a probability that you might have committed the crime. Hence, you have the right to defend yourself against the affray charges levied on you. Australian law defines an array of behaviours that might be considered as a cause of an affray. The law also states different penalties for a diverse array of affray charges.
The criminal lawyer will try to prove there is a reasonable doubt that you are not guilty of affray. The lawyer will also try to show that your involvement should not be taken as a serious crime. There is always a possibility the other person is guilty of affray, and you have only acted because of personal safety in the incident.
In some circumstances, both parties involved in the brawl are equally responsible for affray. There is also a possibility you were not the person who initiated the affray, and you were dragged into the controversy just because you were physically present at the location.
The criminal lawyer will represent your side. The prosecuting lawyer will try to prove you have committed the crime, and you are guilty of affray. The court of law discusses your legal guilt during trial. In simple words, the prosecuting lawyer would try to present evidence to prove your guilt. It is the criminal lawyer’s responsibility to defend you against the evidence presented by the prosecuting lawyer.
How does the criminal lawyer guide you through the legal process?
When you are arrested under affray charges, you might be arrested by the police department. The criminal lawyer would give you legal advice at every stage of the legal proceedings starting from the arrest until your representation in the court.
To sum up, the criminal lawyer can give you the right legal advice and help you fight for the right to get you absolved from affray charges.