Legal Definition and Related Resources of Affray

In criminal law. The fighting of two or more persons in some public place to the terror of the people. 53 Ala. 640; 15 Ark. 204; 57 Mo. App. 502. It differs from a riot in not being premeditated; for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot, but an affray only; and in that case none are guilty except those actually engaged in it. Hawk. P. C. bk. 1, c. 65; § 3; 4 Bl. Comm. 146; 1 Russ. Crimes, 271. Fighting in a private place is only an assault. 1 Cromp., M. & R. 757; 1 Cox, C. C. 177; 22 Ala. 15; 29 Ind. 206.

What does Affray mean in American Law?

The definition of Affray in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

A fight in public with weapons. In medieval and Elizabethan times, the image that the word “affray” would most likely generate would be of public armed encounters between knights, lords and other landowners, their families, and their retainers. The scene that opens Romeo and Juliet, for instance, would be understood by the audience as the very picture of a medieval affray. Trespass vi et armis also must originally have involved an affray of this kind. But riotous violence within towns by townsmen, apprentices, students, guilds, etc. would also be called “affrays.” In time, the term seems to have come to cover every violent quarrel in public involving more than mere heated words, especially if weapons were drawn or flourished, even if they were never actually used.

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This definition of Affray Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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noun

• agitation
• altercation
• battle
• brabble
• brawl
• brush
• dash
• combat
• commotion
• conflict
• contestation
• disturbance
• embroilment
• encounter
• fight
• fisticuffs
• fracas
• fray
• free fight
• handtohand fight
• melee
• passage at arms
• pugna
• rixa
• row
• scrimmage
• scuffle
• set to
• skirmish
• sortie
• squabble
• struggle
• tumult
• tumultuous assault
• tumultus
• turmoil
• tussle
• violence

Affray in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of affray.

Grammar

This term is a noun.

Etimology of Affray

(You may find affray at the world legal encyclopedia and the etimology of more terms).

c. 1300, “fear, terror, state of alarm produced by a sudden disturbance,” from Old French affrai, effrei, esfrei “disturbance, fright,” from esfreer (verb) “to worry, concern, trouble, disturb,” from Vulgar Latin *exfridare, a hybrid word meaning literally “to take out of peace.” The first element is from Latin ex “out of” (see ex-). The second is Frankish *frithu “peace,” from Proto-Germanic *frithuz “peace, consideration, forbearance” (source also of Old Saxon frithu, Old English fri_u, Old High German fridu “peace, truce,” German Freide “peace”), from a suffixed form of PIE root *pri- “to be friendly, love” (see free (adj.)). Meaning “breach of the peace, riotous fight in public” is from late 15c., via the notion of “disturbance causing terror.” The French verb also entered Middle English, as afrey “to terrify, frighten” (early 14c.), but it survives almost exclusively in its past participle, afraid (q.v.).

Resources

See Also

• Law Enforcement Officer
• Police Officer
• Law Enforcement Agency

Further Reading

• affray in A Dictionary of Law Enforcement (Oxford University Press)
• affray in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Affray

In the context of the English law, A Dictionary of Law provides the following legal concept of Affray :

The offence of intentionally using or threatening, other than by words alone, unlawful violence. The conduct must be such as would have caused a reasonable person to fear for his safety, though no such person need be present. The offence is found in the Public Order Act 1986, though it can be committed in private as well as in public places. It replaces the common-law offence of affray and is punishable on indictment with up to three years’ imprisonment and/or a fine or, on summary conviction, by imprisonment for a term not exceeding six months or by a fine. A constable may arrest without warrant anyone he reasonable suspects is committing affray.

See also assault; riot; violent disorder.