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Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor.

Added: ALL state laws are different - before relying on the above answer make sure it applies in YOUR state.

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12y ago
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12y ago

A criminal offense generally defined as the fighting of two or more persons in a public place that disturbs others.

The offense originated under the Common Law and in some jurisdictions has become a statutory crime. Although an agreement to fight is not an element of the crime under the common-law definition, some statutes provide that an affray can occur only when two or more persons agree to fight in a public place.

An affray is a type of Disorderly Conduct and a breach of the peace since it is conduct that disturbs the peace of the community. It is punishable by a fine, imprisonment, or both.

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Affray is the fighting of two or more persons in a public place to the terror of ordinary people. The tendency to alarm the community is the essence of the offense. In order to be affray the fighting must be mutual. If one person unlawfully attacks another who tries to defend himself it does not amount to affray. Here the first person is guilty of assault and battery not affray. 'Affray' is derived from the French word effrayer, meaning to affright.

In order to constitute affray there must be:

  • Fighting;
  • The fighting must be between two or more persons;
  • It must be in some public place ;
  • It must be to the terror of the people.
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Q: What is a simple affray?
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