In recent times the Police have been charging people more often with violent disorder, affray and riot offences. There are serious penalties that can be imposed by the Court, including imprisonment terms, so it is important that you seek legal advice if you are charged with one of these offences.

Just because you have been charged with one of these offences, does not mean you are guilty. Our experienced criminal defence lawyers can analyse all aspects of your case and advise you as to whether the Police have gathered enough evidence against you to prove you ‘guilty’ in court. You may be able to be found ‘not guilty’ on a legal technicality if they haven’t prepared their evidence properly.

Violent Disorder

It is an offence if 3 or more people present together use or threaten unlawful violence that would cause a person of reasonable firmness to fear for his or her safety.
The maximum penalty for this offence is 6 months imprisonment. If you have been charged with this offence, you may be able to defend it, and thus be found not guilty.

Affray

Since around December 2005, this has become a favoured offence by police when it comes to public disorder of many types; particularly as the maximum penalty for the offence was doubled soon after. It is of the more serious public order offences and is pursuant to the Crimes Act.

A person who uses or threatens unlawful violence towards another and whose conduct would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, is guilty of affray. The maximum penalty for this offence is 10 years imprisonment.

The offence can be committed in public and in private and it is not even necessary for a “person of reasonable firmness” to be present at the scene. Use of threatening words only is not enough to constitute the offence.

Riot

This is the most serious of these offences. The elements of the offence are the same as with “Affray”, however it must involve 12 or more people present together and who use or threaten violence for a common purpose.

As with “Affray”, it does not need to be in a public place and no person of reasonable firmness needs to be present. With both “Affray” and “Riot” a person is guilty only if the person intends to use violence or is aware that his or her conduct may be violent.

As can be seen, someone can be quite easily charged with the above offences, especially affray, without realising that their behaviour may constitute such a serious offence.

In relation to all these offences, there are particular elements of each offence that must be satisfied before a person can be found guilty. Further, there are there are also defence such as necessity, duress and self-defence available in some instances.

How can a criminal lawyer help you?

Defending the charge

With there vast knowledge of the criminal law and experience in relation to these offences and our understanding of the defences available, a criminal lawyer can advise you as to the strengths of the case the police have against you and whether or not the charge is defendable and can represent you in successfully defending the matter.

Just because you have been charged with an offence, it does not necessarily mean you are guilty or that the police will succeed in proving their case.

Sentencing

Although some of the above offences attract heavy maximum penalties, lesser penalties are always available (such as good behaviour bonds, community service orders, suspended sentences or weekend detention) and one of our experienced criminal lawyers representing you on sentence can make a difference.

Author Bio: Emmanuel Apokis has many years experience in Criminal Law working with the experienced Criminal Lawyers at Prime Lawyers Wollongong.

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