Instructor: Tisha Collins Batis Show
bio Tisha is a licensed real estate agent in Texas. She holds bachelor's in legal studies and a master's degree in criminal justice. In this lesson, the term affray will be defined, and laws regarding affray will be discussed. Upon completion, the reader should have a firm understanding of this term. Tabitha
liked to cause problems and was always picking fights with other women. One day, she saw another woman she didn't like at a grocery store. She picked a fight, and it became physical. Other customers at the store were shocked and afraid at the intensity of the fight. The police were called, and Tabitha went to jail. The charge? Affray. Tabitha was confused. Affray is another word for what is commonly known as a fight. It must involve two or more people, must occur in a public place, and must cause terror to the other people in public for it to be affray. It is a criminal act that could result in an offender being arrested and facing criminal charges. It is also known as disorderly conduct. Affray is against the law. Different states have different laws, and each has its own punishments for those that are involved in these offenses. In some states, there must be an agreement between two individuals to fight in a public place for the fight to be defined as affray. In the state of Florida, affray is a first degree misdemeanor offense. It is punishable by up to a year in prison and up
to a $1,000 fine. In the state's statutes, riot is also addressed just after affray. The difference between the two is that a riot is a third degree felony, and the punishments for that are different. For offenders to be involved in a riot, they would have to number three or more and be assembled together with a common intent. Texas is one state that categorizes affray as disorderly conduct. It is categorized as such because Texas sees disorderly conduct as behavior that is disruptive but
doesn't involve serious danger to others. It is believed that two people fighting each other in public most likely won't cause danger to the public. Affray is a Class C misdemeanor in Texas which can lead to a fine of no more than $500. The offense will rise to the level of a Class B misdemeanor if an individual shows or discharges a firearm at the time. In this case, the fine could quadruple and the offender could face jail time. Are you a student or a teacher? Become a Member Already a member? Log In Back Over 30,000 video lessons & teaching resources‐all in one place.
Video lessons Quizzes & Worksheets Classroom Integration Lesson Plans I would definitely recommend Study.com to my colleagues. It’s like a teacher waved a magic wand and did the work for me. I feel like it’s a lifeline. Back Create an account to start this course today Used by over 30 million students worldwide Create an account Explore our library of over 84,000 lessonsThe annual brawl between Texas A&M and Alabama takes place on the football field. Tempers have been known to get hot, and a player can be benched for the game for flagrantly roughing the kicker or passer, for unnecessary roughness, or for targeting. However, as long as the hits stay on the field and comply with the rules of the game, no one will go to jail. Even in Texas, fighting in public is against the law. The circumstances of the fight, the fight itself, the injuries done to people, and the damage done to any property will determine what charges may be filed. Whatever the consequences are, they are likely to be more severe than getting benched for the rest of a football game. You can go to jail for getting into a fight in Texas, and a conviction for Fighting or for Assault - Bodily Injury can follow you for the rest of your life. If you have been arrested and charged with Fighting or with Assault - Bodily Injury, you need an experienced criminal defense attorney on your team. Attorney Rick Davis has nearly 30 years of legal experience as a criminal defense attorney. Over 8 of those years, Rick Davis served as a judge — first as a Judge of Brazos County Court at Law No. 2, then as District Judge of the 272nd District Court. Rick has represented thousands of clients across Bryan and College Station, Texas with tenacity, compassion, respect, and integrity. Criminal Charges for Fighting or Committing Assault in TexasWhere you fight, who you fight, and the injuries caused factor into the charges and the penalties you may face. A conviction for fighting or Assault will remain on your record, and if you are ever charged with another crime against a person later in the future, the court can use the prior conviction to justify a harsher penalty for the subsequent conviction. Depending on the nature of the previous Assault, a previous assault conviction is sometimes used to increase the actual grade of the offense charge. For example, Assault – Family Violence is a Class A misdemeanor. Assault – Family Violence with a previous conviction for Assault – Family Violence is a third-degree felony. Intentionally or knowingly fighting another person in a public place falls under the definition of “disorderly conduct” which, under Texas law, is a Class C misdemeanor. Most disorderly conduct charges, including Disorderly Conduct – Fighting, are Class C misdemeanors and are punishable by a fine of up to $500. However, if you commit Disorderly Conduct by displaying a gun, you could be charged with a Class B misdemeanor, which is punishable by a fine of up to $2,000 and confinement in jail for up to 180 days, or both. Assault charges for the mere threat of bodily injury or for mere threat of offensive contact are generally Class C misdemeanors. If the other person is an athlete or sports official participating in a sporting event at the time of the Class C Assault – Threatening Bodily Injury or Assault – Offensive Contact, the charge could be elevated to a Class B misdemeanor. A person can be charged with “simple” assault - bodily injury if he:
The first of the three listed above is considered a Class A Misdemeanor in Texas. The second two are considered Class C misdemeanors. Source Assaulting a law enforcement officer, emergency responder, public figure, or an elderly person by causing bodily injury is a third-degree felony in Texas. Use or display of a weapon during a fight may also lead to Aggravated Assault charges. In Texas, a person commits Aggravated Assault when he commits an assault that either:
Aggravated Assault is a second-degree felony in Texas. If an Aggravated Assault is against a family member, it can be charged as a second-degree felony. Possible DefensesDepending upon the circumstances that led to the fight, you may be able to raise a defensefor your actions. If you were defending yourself against someone else’s unprovoked aggression, your attorney may be able to successfully raise self-defense. Other defenses include defending third persons from an assault by an aggressor. Finally, Texas law provides that a person is justified in using force against another when the person reasonably believes that the force is immediately necessary to prevent or terminate the aggressor’s trespass on the land or unlawful interference with the property. Possible PenaltiesSome assault charges can be classified as a felony or aggravated assault — serious bodily injury. Others are be classified as a misdemeanor. Under Texas Law:
If you are charged with Assault in Texas, there are many different types of consequences that you could face, such as:
The seriousness of possible consequences in your case also depends on several other few factors, such as whether you have had any previous criminal convictions in your history, whether you have been placed on probation before, whether the assault was aggravated or not, whether you are a U.S. citizen or not, and whether there are any children or substance abuse issues involved. Possible Penalties, even if NOT convictedIf you have been charged with Assault – Family Violence and receive Deferred Adjudication probation and successfully complete the probation, that is good because it keeps a conviction off of your record. However, the “Family Violence” designation attached to the Deferred Adjudication prevents the record from being sealed through an Order for Non-Disclosure. That means that the record of your Assault – Family Violence charge and the Deferred Adjudication probation will likely always appear on background checks and be on your record forever! Let an Experienced Attorney HelpIf you have been charged with Aggravated Assault – Serious Bodily Injury, Aggravated Assault – Deadly Weapon, Assault – Family Violence or Assault – Family Violence, Strangulation (impeding breath or circulation), you need to get an attorney! Even if you were in a minor fight with no injuries but were arrested and charged with an offense, it would be wise to hire an experienced criminal defense attorney who knows how to mount a defense for you and mitigate the consequences of a heated moment. One bad decision could remain on your record as an act of violence for the rest of your life. An aggressive attorney can prevent that from happening. Rick Davis has vast experience in criminal law, both as a criminal defense attorney and as a Judge. For three decades, he has represented clients from Bryan, Texas, and the surrounding communities of College Station, Brenham, Anderson, Madisonville, and Caldwell, as well as Washington, Grimes, Burleson, and Madison counties. If you have been arrested for fighting or been charged with any form of Assault, call Rick Davis & Associates at (979) 364-0697 to schedule a free consultation. Can I fight in the public?Even in the land of the free, fighting in public is illegal. It is disorderly conduct that disturbs the peace. And keeping the peace is part of the social contract.
What is the consequences of fighting?Anytime you are in a fight, you risk serious injury and even death. Fighting affects more than just yourself and the other person. You can get so injured that you cannot care for yourself or provide for those who depend upon you. You can hurt or kill the other person and affect those who rely upon him.
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What charges can you get for fighting in public
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