SPECIALIST CRIMINAL LAWYERS | INTERVENTION ORDER LAWYERS
MELBOURNE’S MOST TRUSTED AND INDUSTRY AWARDED LAWYERS
Affray
If you have been charged with Affray, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of Affray, they must prove beyond a reasonable doubt all of the elements of the offence set out in s 195H of the Crimes Act 1958 (Vic) which are as follows:
- The accused used or threatened unlawful violence; and
- That conduct was intentional or reckless, and
- That conduct would cause a person of reasonably firm character to be terrified.
There are two additional elements, which if proved mean a higher penalty can apply. These are:
- The accused was wearing a face mask at the time of the offence, and
- The accused’s purpose in doing so was to conceal their identity or to protect against the effects of a crowd controlling substance.
Will I have to go to court?
Charges for Affray are often dealt with summarily in the Magistrates’ Court. However, depending on the circumstances of the offence and any other charges laid, the case may be heard in a higher court. Expert legal advice is important in ensuring the most appropriate defence to a charge of Affray.
Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare a defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.
Maximum penalty:
The maximum penalty this offence carries is 2 years imprisonment if it is dealt with in the Magistrates’ Court, but up to 7 years imprisonment if dealt with in the County or Supreme Court.
What sentences are usually given?
Between 1 July 2016 to 30 June 2021, 63 people were sentenced for affray in the higher courts, with 71% (45 people) given a sentence of imprisonment. Sentences imposed in the higher courts ranged for 2 months to 7 and half years, depending on the seriousness of the offending.
Between 1 July 2018 to 30 June 2021 the Magistrates Court dealt with 911 cases and imprisonment was imposed in 32% of cases, a community corrections order in 29% of cases and a fine imposed in 23% of cases.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
Contact our office today to speak to an accredited criminal law specialist, on (03) 9077 4834 or at admin@emmaturnbull.com.au
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VICTORIA LEGAL AID ENQUIRIES WELCOME
Emma Turnbull Lawyers are specialist criminal lawyers who represent clients privately and in some circumstances with Legal Aid Funding.
Our expertise has seen us accepted as a member of Victoria Legal Aid’s exclusive criminal law indictable crime panel. This means that if you meet their financial tests and your criminal charges meet their merit test, we can assist you via state funding in your case.
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William Traychevski per Lauren Elizabeth Thorpe (make-up hero or human ecosystem) lawyer under oayh, losing money and criminalised under duress)
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Intelligent criminals. People's beware of Emma and Turnbull lawyers. They are treating everyone with contemporary J runawk Dogma. Regards
William Traychevski per Lauren Elizabeth Thorpe (make-up hero or human ecosystem) lawyer under oayh, losing money and criminalised under duress)
Toorak Fine Watches has been a Toorak Institution for over 6yr. We have had our our store, CFO (Lauren. E. Thorpe) uncombujctuously remanded in custordy to the wireless network of corruption and incontemt. We/ I pray for small family based business and start-ups of today that can't get through new couples-dom without an internet trail. God bless
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Theo came in and made sure my family member got the best outcome possible which he did, and won the appeal. Throughout the whole process Theo was always in contact with myself and took the time to explain everything. We are very blessed for having Theo and Nikihil stand with us, in this difficult time.
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Joseph's knowledge of the IVO process and his ability to strategize and advocate on my behalf were outstanding. He provided clear, honest advice and worked diligently to achieve the best possible outcome for my situation. His attention to detail and commitment to protecting my rights were truly impressive.
Beyond his legal expertise, Joseph showed genuine empathy and support during an emotionally challenging time. He was a source of strength and reassurance, and I felt like I had a true ally by my side. His professionalism and compassion were a perfect balance, and I can't thank him enough for making me feel heard and valued.
I highly recommend Joseph Adamo for anyone seeking legal assistance, especially in matters involving family violence intervention orders. Joseph's dedication, expertise, and compassion are truly unmatched, and I am forever grateful for the positive outcome he helped me achieve.
Thank you, Joseph, for your outstanding service and unwavering support. You've made a significant difference in my life, and I can't recommend you and the firm enough.
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I'm very grateful
Manny was very professional, he explained the whole process and fought hard for my rights
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I'm very grateful
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I can't thank you enough Nikhil. On such short notice Nikhil came through with an outstanding appearance on my behalf. I know where to send all my criminal mates now. Thank you
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I can’t thank Theo Chrisant enough for his amazing efforts not only in the courtroom but out of the court room where he had patience with a very kind & caring nature his best value would have to be his passion towards getting the results we aim for . You’ll never understand Theo how much you have helped me 👍 thanks Nicole . Kennedy
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Very happy with the result. Just wish I had have found these guys earlier
I had been twice with a different firm and was getting nowhere just going around in circles wasting time and money.
Emma sent Matt Mc Lellan along to assist me he was great from the second we got to court he did not stop, from talking to prosecutors and magistrate just working his magic,
could not recommend these guys any higher. Emma was awesome to deal with had lots of great ideas which the other firm never thought of which made all of the difference.
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The legal representation and service I received from Theo Chrisant at Emma Turnbull Lawyers has been an absolute blessing. Not only exceeding all expectations in achieving the best result possible with a great outcome, but all-round professionalism in every aspect making what is usually is a stressful and unpleasant experience a relaxing walk through the park. Having suffer from severe anxiety especially in a high pressure and tense situation, Theo really made the effort to understand and connect with me personally making me relaxed and comfortable knowing that I could trust that I was in good hands. I would definitely highly recommend anyone who is in need of legal assistance to go through him, as I am so very fortunate and greatful for everything he has done for me and honestly wouldn't rather have had anyone else by my side on the day.
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