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What is offense: "Simple Affray" Offense Code: l 1357

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What is offense: "Simple Affray"...
What is offense: "Simple Affray"
Offense Code: l 1357
Offense in Violation of G.S.: (A)
Submitted: 10 years ago.Category: Criminal Law
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Answered in 21 minutes by:
7/1/2007
Criminal Lawyer: Attorney & Mediator, Lawyer replied 10 years ago
Attorney & Mediator
Category: Criminal Law
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There is nothing turning up under the North Carolina codes for 1357, so please double check to make sure the citation is turning up. There is a simple affray but it does not appear as 1357.

North Carolina caselaw has defined simple affray as

simple affray has been defined “as a fight between two or more persons in a public place so as to cause terror to the people.
See In Re May here.(scroll down to III)

Simple Affray is only defined in criminal code section 14-33(a). (here) which makes the crime a Class 2 Misdemeanor.

14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.

(a) 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.

(b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he:

(1) through (3) Repealed by Session Laws 1995, c. 507, s. 19.5(b);

(4) through (7) Repealed by Session Laws 1991, c. 525, s. 1;

(8) Repealed by Session Laws 1995, c. 507, s. 19.5(b);

(9) Commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event, or immediately after the sports event at which the sports official discharged official duties. A "sports official" is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A "sports event" includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State.

(c) Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:

(1) Inflicts serious injury upon another person or uses a deadly weapon;

(2) Assaults a female, he being a male person at least 18 years of age;

(3) Assaults a child under the age of 12 years;

(4) Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties;

(5) Repealed by Session Laws 1999-105, s. 1, effective December 1, 1999; or

(6) Assaults a school employee or school volunteer when the employee or volunteer is discharging or attempting to discharge his or her duties as an employee or volunteer, or assaults a school employee or school volunteer as a result of the discharge or attempt to discharge that individual's duties as a school employee or school volunteer. For purposes of this subdivision, the following definitions shall apply:

a. "Duties" means:

1. All activities on school property;

2. All activities, wherever occurring, during a school authorized event or the accompanying of students to or from that event; and

3. All activities relating to the operation of school transportation.

b. "Employee" or "volunteer" means:

1. An employee of a local board of education; or a charter school authorized under G.S. 115C-238.29D, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes;

2. An independent contractor or an employee of an independent contractor of a local board of education, charter school authorized under G.S. 115C-238.29D, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, if the independent contractor carries out duties customarily performed by employees of the school; and

3. An adult who volunteers his or her services or presence at any school activity and is under the supervision of an individual listed in sub-sub-subdivision 1. or 2. of this sub-subdivision.

(7) Assaults a public transit operator, including a public employee or a private contractor employed as a public transit operator, when the operator is discharging or attempting to discharge his or her duties.

(8) Assaults a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes or a campus police officer certified pursuant to the provisions of Chapter 74G, Chapter 17C, or Chapter 116 of the General Statutes in the performance of that person's duties.

(d) Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. A person convicted under this subsection, who is sentenced to a community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court.

A person committing a second or subsequent violation of this subsection shall be sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court.

The following definitions apply to this subsection:

(1) "Personal relationship" is as defined in G.S. 50B-1(b).

(2) "In the presence of a minor" means that the minor was in a position to have observed the assault.

(3) "Minor" is any person under the age of 18 years who is residing with or is under the care and supervision of, and who has a personal relationship with, the person assaulted or the person committing the assault.

For representation you can access the Martindale Hubble lawyer directory here.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 10 years ago
What is the appropriate response to such a charge? Is this a fine? Can this be immediately expunged?
Criminal Lawyer: Attorney & Mediator, Lawyer replied 10 years ago
Could you please clarify what you mean by "appropriate response to such a charge" Do you mean how to defend?
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Customer reply replied 10 years ago
how is this defended with the ultimate goal of having it thrown out of court and the record expunged?
Criminal Lawyer: Attorney & Mediator, Lawyer replied 10 years ago
Thank you for your response.

First a Class 2 misdemeanor is subject to a period of incarceration of a minimum of 30 days to a maximum of 6 months and/or a fine of $250 to $1000.00 (not able to find actual search but this is based on

According to the code section if you are found guilty you can only petition for expunction after two years have passed for a misdemeanor. You can read that part of the code section here.

You can also read here in much simpiler terms on how to expunge.

The only way you can defend against this would be to prove that you were not a participate of this alleged crime, if there were witnesses that would be a very difficult case to prevail. Your best evidence would be people who can confirm that you were not part of this alleged crime, if you were defending yourself, then that would be your affirmative defense. If you are not able to prove these things then your chances at prevailing at court are slim. It all depends on the evidence that you can present.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 10 years ago
Reply to LawNinvest's Post: This is an incident that two individuals grabbed each other and then stopped this confrontation immediately. This remedy seems to be blown out of all proportion, why are you saying that this is not defensable?
Criminal Lawyer: Attorney & Mediator, Lawyer replied 10 years ago
You have not provided any facts to your case, so my answer is based on the law quoted above. This is the first reply where you briefly mention anything about the incident. You made a general statement and I made a general reply as to the defense.

If you want specific assistance then please provide the facts to the case. Thank you.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Ask Your Own Criminal Law Question
Customer reply replied 10 years ago
Reply to LawNinvest's Post: In Wilmington, NC, outside a Pizza Restaurant with a line to get in, individual was sighted by a friend who happened to be a friend of the owner of the establishment and asked to follow him into the Restaurant, an individual in line initiated incendiary comment relative to the two not waiting in line. The individual in line grabbed the individual following his friend and who in turn grabbed back. At that time the police came and took both parties into custody and charged them as previously summarized.
Criminal Lawyer: Attorney & Mediator, Lawyer replied 10 years ago
Thank you for the additional information.

Based on the information you have provided the friend can assert self-defense as his affirmative defense. Self-defense is allowed to protect themselves from harm from another individual and the force applied should be less but no more than the force the other person applied. The friend did what any other normal person would do in response to another individual grabbing on to him. I do agree with you that this case is defensible. It would be wise to have the owner of the restaurant, the other friend and other pizza workers who may have seen what happen testify on the friends behalf. To prosecute they will want to see who started this incident and it is clear that the person in line was the one who started it.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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