affray

Affray is a criminal offense in common law jurisdictions describing a public fight or violent confrontation that disturbs the peace. It is typically defined by conduct in which two or more people fight or threaten to fight in a public place or in a place where the public is present, and the behavior would cause a person of ordinary firmness to fear for their safety or to feel alarm.

Elements and distinctions commonly cited include: two or more participants engaging in fighting or a credible threat of violence; the setting is public or accessible to the public; and the conduct is likely to disturb the peace or to frighten bystanders. Affray is distinguished from more serious public-order offenses such as riot or violent disorder by the number of participants and the scale of disruption, with those offenses usually requiring more extensive wrongdoing or larger groups.

Jurisdictional notes vary. In England and Wales, affray originated as a common law offense and has historically been used to address public fights that endanger or alarm the public. Modern statutory schemes, including provisions in public order legislation, have supplemented or replaced some aspects of the common-law offense, but affray remains a recognized concept in many cases and is often treated as a summary or indictable matter depending on jurisdiction and circumstances. In other common-law jurisdictions and in some parts of the United States, affray or its closest equivalents are preserved as offenses that criminalize fighting in public or disturbing the peace, typically treated as misdemeanors or lesser felonies.

Penalties vary by jurisdiction and case, but conviction can result in fines, imprisonment, or a combination thereof, depending on the severity of the conduct and the governing law. Defenses may include lack of public setting, absence of fighting or credible threat, or lawful self-defense.