It was supposed to be a fun night out, but it ended badly.
Maybe you went to a concert, a bar, or somewhere else with a gathering of other people. Somehow, you found yourself in a fight situation. You may have been in the wrong place at the wrong time, or you ran into someone you knew. Maybe you or someone else had a little too much to drink and it went wrong while waiting for the Uber.
All you know is that at the end of the night, you were charged with something called “simple affray.”
What It Means
Simple affray is a term used to describe a fight situation—whether threatening to fight someone, or actually instigating violence and throwing punches, and creating a situation that can escalate into something bigger.
In North Carolina, simple affray means that you have committed three things:
- You’ve engaged in a fight with another person (this includes self-defense)
- This fight took place publicly, in a public place
- By engaging in this fight, you’ve caused terror to the public
You can also be charged with simple affray even if you didn’t throw a punch, and weren’t responsible for starting the fight. Inciting a fight (“egging them on”) can also lead to this charge, as well as leading members of the public to believe that they are in danger as a result.
Additionally, if you do throw a punch, even in self-defense, you can also be charged with simple assault.
Simple affray in Raleigh, NC is considered a Class 2 Misdemeanor. It is, however, a criminal charge, not a civil one. Victims may have suffered minor injuries that don’t require medical attention.
This charge is designed to punish individuals for not only engaging in violence but also provoking others to do so. Police use this charge to keep the peace when there is the potential for a more dangerous situation, including rioting.
Defense Against Simple Affray
Locating witnesses who can corroborate your side of events as well as offer additional information on what led to the affray, is a good start to building your defense.
Because many venues and public areas now have video surveillance, sending a subpoena for that information is essential to supporting your defense and testimony. Other witnesses can also be identified from video, as well as other aspects of the incident that witnesses and participants may not be aware of already.
Finding strong defense counsel right away can help build your defense and uncover what really happened.
For a first offense Class 2 misdemeanor conviction, you can expect to spend from one to 30 days in jail. For subsequent convictions, the jail time can be as high as 60 days, along with fines of up to $1,000.
More severe assaults that lead to injuries are punished more harshly, including ones that involve weapons, domestic violence, serious injury or sexual battery. The state imposes harsher penalties when the assault involves:
- Females, when the assailant is a male over 18
- Sports officials—empires, coaches and referees at any organized sports event
- State employees and officers, public transit operators, campus and/or private security officers, if the assault occurs while they are acting in their official capacity
- School employees and volunteers (public, private or charter) who are on school property, in the middle of a school event, or are transporting students to or from school
Let Dewey P. Brinkley Defend You For Simple Affray
Dewey P. Brinkley is a former Wake County Assistant District Attorney. If you’re charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation.