What is an affray?
An “affray” is the fighting of people in a public place to the terror of the persons there. Engaging in an affray with another person is a crime under Commonwealth law. Note that nothing in the definition of affray prevents a defendant charged with the crime from asserting self-defense or self-defense of another as a justification of his or her conduct.
What does the government need to show in order to prove someone took part in an affray?
Moreover, to prove a defendant guilty of the offense of engaging in an affray with others, the Commonwealth must prove:
- That the defendant fought with one or more persons
- That the fighting took place in a public place
- That at least one person who was lawfully present in the public place was fearful
That the defendant and other participants were on the same or opposing sides is irrelevant.
What is the legal definition fighting?
Further, Commonwealth law defines fighting as the use of physical force or violence or any threat to immediately use such force or violence.
What is the punishment for taking part in an affray?
Since Massachusetts General Laws do not specify a penalty for an affray, as it is defined under common law, a convicted defendant will be punished under this statute (G.L. c. 279, § 5), which provides for crime sentencing if no punishment is provided by a statute.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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