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  1. #1

    Default Affray Charge After Trying to Break Up a Fight

    My question involves criminal law for the state of: Lake County, Florida.

    My son was charged with affray for trying to break up a fight. We were having a bday party at our local park for my mother. 2 guys my son knows were fighting so my son grabbed the bigger one and held him in a head lock just to get him off the smaller guy. I seen this happening so I called cops. When the police arrived the guy my son had in the head lock took off running. Long story short the guy that ran ended up getting tased after battery on law enforcement and etc. My son and I had returned back to the pavilion with the rest of our family members. After about 45mins the cops came to my son and placed him under arrest for affray. In the police report it states During the investigation it was found that my son had in fact engaged in a public fight with the guy that got tased. My son was taken to our local police department and later transported to the county jail. The 1st court hearing the judge had made the statement my son should have never been charged since this didn't happen in the presence of law enforcement. My question is...Is this actually a beatable charge considering he wasn't actually fighting but trying to keep the littler guy from getting really hurt??? My son is 18years old so these are young men not older men. Not that, that really makes a difference.

  2. #2
    Join Date
    Jul 2012
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    Default Re: Affray Charge After Trying to Break Up a Fight

    I have zero clue what you mean by "affray".

    While the judge's finding may be otherwise correct, I'm not clear why he'd say that your son shouldn't have been charged simply because it didn't happen in front of law enforcement. (Folks get charged with crimes based on circumstantial evidence alone all the time, or no evidence at all for that matter.)

    It's also unclear why the judge would make this observation and yet not dismiss the charges, but weirder things have happened.

    "Is this actually a beatable charge considering he wasn't actually fighting but trying to keep the littler guy from getting really hurt???"

    This doesn't seem to be a productive question to strangers, but it's unclear why you'd think it isn't a "beatable charge." Even murder is a "beatable charge."

    Your son should discuss with his/a lawyer.

  3. #3
    Join Date
    Jul 2010
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    Default Re: Affray Charge After Trying to Break Up a Fight

    Really? Google. Affray=fight. It's an older legal term that is still used in some state's criminal statutes.

    Since junior's first court appearance came after going to jail, I'm guessing it was an arraignment. The judge likely meant that he should not have been arrested at the scene, that an investigation and warrants were more appropriate. I doubt he was commenting on the charge itself. Based on the way OP described things, it sounds like officers could have seen it. The kid his son assaulted and had in a headlock didn't run until the cops showed up.

    OP: Your son can get a lawyer to try and get it dismissed. If the prosecutor won't bite, he may be able to use an affirmative defense of self-defense/defense of others if FL allows for it.

  4. #4
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    Default Re: Affray Charge After Trying to Break Up a Fight

    Quote Quoting DLB v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)
    Florida has adopted the common law meaning of affray, which is that affray is fighting in a public place to the terror of the people.... Given the fact that readily available dictionaries define "affray" as a public fight or brawl, we conclude that the term "affray" is defined with sufficient definiteness that ordinary people can understand what conduct is prohibited.
    I agree that "The judge likely meant that he should not have been arrested at the scene, that an investigation and warrants were more appropriate" - not as a commentary on the merits of the charge.
    Quote Quoting MW v. State, 51 So. 3d 1220 (Fla. 2d DCA 2011)
    In pertinent part, section 901.15, Florida Statutes (2009), authorizes a law enforcement officer to arrest a person without a warrant when "[t]he person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer." § 901.15(1). Thus the warrantless arrest of M.W. for the misdemeanor offense of assault on a specified official was lawful only if that offense was committed in Officer Smith's presence.
    In that respect it could be relevant whether the arresting officer was one of the officers who responded to the scene and saw your son engaged in the continuing fracas, or if he came after-the-fact. That's not a substantive defense to the charge, though.

  5. #5

    Default Re: Affray Charge After Trying to Break Up a Fight

    I know that my son had already returned to the pavilion with family before law enforcement had arrived as I was the 1 pointing to the cops saying "talk to him, him, him" pointing at the young man as he walked off the ball court ( the young man my son had in head lock) . As soon as the boy got to the gate where he could run THEN is when the boy tryed to take off. As all that was happening my son was nowhere around law enforcement. I'm only curious to know if we have a CHANCE of having these charges dropped against my son. I was wondering if Florida Statute 776.012 or Statute 776.031 would peratin to this case?

  6. #6
    Join Date
    Jul 2010
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    8,006

    Default Re: Affray Charge After Trying to Break Up a Fight

    As I stated above, OP: Your son can get a lawyer to try and get it dismissed. If the prosecutor won't bite, he may be able to use an affirmative defense of self-defense/defense of others if FL allows for it.

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