Affray Law and Legal Definition

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.