Charlotte Criminal Lawyer Blog
Defending Simple Affray Charges in North Carolina
If you have been involved in a fight, you may have been charged with simple affray. These charges are often associated with bar brawls or fist fights between people, often in public places. Although a bar fight may not seem very serious, it can have some legal consequences if you are found guilty of these charges. If you have been charged with simple affray, you will want to vigorously defend the charges to seek the best possible outcome.
What is Simple Affray?
Many people have not heard the term “simple affray.” It is a legal charge that falls under the category of assault and battery. Affray is an offense that occurs in a public place such as a bar. It is an argument between two or more people that is aggravated by physical contact. In other words, it is a disagreement that becomes physical or where parties threaten physical harm, causing fear to the public. There may be some instances where law enforcement charges one or more parties with this type of criminal offense.
Simple Affray is a Misdemeanor
Simple affray is a form of assault and is considered a Class 2 misdemeanor. While this is not an extremely serious charge, it is one that could result in penalties if you are convicted. If you are found guilty of a Class 2 misdemeanor, you will face a variety of potential punishments that may include up to 60 days in jail and a fine of up to $1,000. In addition, you may also have to follow up with probation, community service, and restitution to the injured party. The judge will deter
mine the sentence by reviewing your criminal record and other factors that could either reduce or increase the sentence.
Defending Simple Affray Charges
In order to convict you of simple affray, the prosecutor must prove that you were involved in a fight with another person, that the fight happened in public, and that the public was terrorized as a result of the fight. In defending the charges, you will need to dispute the evidence or present your own evidence that supports your defense. Some ways to do that are through the use of witnesses or video evidence that proves your innocence. In some cases, your attorney may be able to get the charges dismissed if there is a lack of evidence that proves your guilt in the matter.
Seek Legal Representation
Although the charges may seem minor, it is advisable to seek legal representation to defend your case in court. It is best to speak to an attorney as soon as possible to ensure that you can gather the evidence necessary for your defense. If you wait too long, some of the evidence that you need could be lost or unavailable. Your lawyer will work on your behalf to help with your defense, so it is helpful to have your attorney present when you talk to law enforcement. If you are ultimately found guilty of simple affray, your lawyer will present mitigating factors to the judge, which could reduce the sentence.
To learn more, contact our criminal defense attorneys at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/affray
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-33.html
Image Credit:
https://www.freeimages.com/photo/police-officer-searching-man-1924203
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