AFFRAY
Orlando Affray Defense Attorney
Florida Statue 877.03 defines Disorderly Conduct (including the term Affray) as a person who commits an act that is of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting (Affray), or engages in such conduct as to constitute a breach of the peace or disorderly conduct.
Florida disorderly conduct laws allow for the prosecution to charge individuals who take part in brawls or fights. A public fight is referred to as an “Affray.”
Elements of Affray
In order to obtain a conviction for Affray the prosecution must prove that:
- Two or more people;
- Engaged in a fight;
- In a public place;
- Which lead to the terror of the people.
Penalties
According to Florida Statute 870.01(1), the crime of Affray is a first degree misdemeanor which is punishable by:
- Up to one year in jail; and
- Up to a $500.00 fine.
An Affray can result in a first degree misdemeanor or felony should such fight or brawl qualify as a “riot.”
Possible Defenses
An individual may defend a charge of Affray by demonstrating that they were acting in self-defense.
A defense may also be mounted on the basis that the behavior did not cause any witness to be alarmed or in terror of their own safety.
SERCOMBE LAW
We all have bad days, and if a good time turned into future prosecution for Affray you need to be sure you have a good lawyer on your side. Facing Disorderly Conduct or Affray charges can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.
