NRS 203.050: Affray Charges in Nevada—Everything You Need to Know
Early this year, an adult and a student were booked at the Clark Country Detention Center for fighting-affray as well as other charges. This resulted in the school being placed on a hard lockdown for the second day in a row.
Affray is a criminal offense in Nevada. Under NRS 203.050, it is illegal for two or more people to fight in a public place. Affray is a misdemeanor, punishable by up to six months in jail and a $1,000 fine.
In this article, we will discuss what you need to know about affray charges in Nevada. We will cover the definition of affray under NRS 203.050, how prosecutors prove that someone has violated the statute, possible defenses, and the consequences of being convicted of affray. Finally, we will provide you with some guidance on what to do if you are accused of committing affray in Nevada.
What Does NRS 203.050 Say and What Are the Penalties for Violating It
Affray is defined in Nevada statute NRS 203.050 as “If two or more persons shall, by agreement, fight in a public place, to the terror of the citizens of this state, the persons so offending commit an affray and are guilty of a misdemeanor.”
This means that if two or more people agree to fight in a public place, it is considered affray. The “terror” part of the definition means that the fighting must be causing fear and alarm to others in the vicinity.
Violating NRS 203.050 is considered a misdemeanor, which carries the following penalties in Nevada:
- Jail time of up to 6 months, and/or
- Fines up to $1,000
In addition to being charged with affray under NRS 203.050, it is possible that those involved in a public fight could also be charged with other crimes. Depending on the circumstances of the fight, someone could face additional charges for the following:
- Battery: Just like in the news, the adult was charged with battery on top of the affray charges. Battery is the intentional use of force against another person that results in bodily harm. If someone was hurt during the affray, they may be able to file battery charges against the perpetrators.
- Disturbing the peace: Disturbing the peace is a more general charge that applies to any behavior that disrupts public order. If someone was making a lot of noise or engaging in disorderly conduct during an affray, they may be charged with disturbing the peace.
- Reckless endangerment: If someone is engaging in dangerous or careless behavior that puts someone else at risk, they can be charged with reckless endangerment. For example, if a person was participating in an affray and endangered bystanders by swinging a bat around, they could face charges for both affray and reckless endangerment.
Common Defenses to Affray Charges
If you have been charged with affray in Nevada, you may be able to use certain defenses to challenge the charges. Some of the most common defenses that may be applicable include:
- You were not engaging in a fight: If you were simply present when a fight broke out, but were not actually participating, then this is a valid defense.
- Self-defense: If you were engaging in an affray, but only did so to protect yourself or someone else from harm, then this is a valid defense.
- No actual fight happened: If there were threats thrown (shouting, cursing), but no fight actually occurred, then this is a valid defense to affray charges.
- Did not happen in public: If the fight occurred on private property, it may not be considered an affray. Note that if there was an actual physical altercation, other charges like assault and battery can be charged instead.
Why Should You Hire Our Nevada Criminal Defense Attorneys?
If you have been charged with affray in Nevada, it is important to seek legal representation as soon as possible. Our experienced Nevada criminal defense attorneys understand the complexities of affray and other related offenses and will be able to identify possible defenses and mitigating factors that could help reduce or dismiss your charges. In addition, we can review the evidence against you and work to negotiate a favorable plea deal if necessary.
Our lawyers are committed to providing high-quality legal advice and representation, so you can be confident that your case is in good hands.
Contact The Defenders today to learn more about how we can help.
When you don’t have an attorney representing you, there are a number of things that could go wrong.
- Will aggressively put in all efforts to get the penalties lowered.
- Can help you achieve fair settlements or plea deals.
- Can protect you from the prosecution.
- Can examine the evidence better than you.
- Will fight for your rights to help keep your criminal history clean.
Feel free to call our office for a free case evaluation.
Frequently Asked Questions
What is affray in Nevada?
Affray is defined in Nevada statute NRS 203.050 as two or more people who, in agreement, fight in a public place and cause others to feel terror. It’s considered a misdemeanor.
Is affray considered a felony?
No, affray is a misdemeanor in Nevada. However, each case is different so it is possible for the prosecutor to bring additional charges that may elevate the crime to a felony.
What defenses can be used against affray charges?
Common defenses against affray include self-defense, not engaging in a fight, no actual fight occurred, and not happening in public.
Is affray civil or criminal?
Affray is considered a criminal offense. It is punishable by fines, jail time, and other penalties depending on the severity of the crime.
What happens if I’m found guilty of affray?
If you are convicted of affray in Nevada, you could face a fine of up to $1,000 and/or up to six months in jail. If you are facing charges for affray, contact The Defenders today to discuss your options. Our experienced criminal defense attorneys can help you fight the charges and prepare a strong defense on your behalf. Call us now for a free case evaluation.
What is worse, affray or assault?
Affray is usually considered more serious than assault. The main difference between assault and affray is that in an affray, other people fear for their safety.
Does affray stay on your record?
Yes, affray is a criminal offense and it does stay on your record unless you have your records sealed. For misdemeanors, like an affray charge, you can request to have it sealed after 1 year the case ends.
Is affray an arrestable offense?
Yes, affray is an arrestable offense in Nevada. If you are arrested for affray, it is important to contact a criminal defense attorney as soon as possible. An attorney can evaluate your case and help you prepare a strong defense against any potential charges.
Is arguing with someone a crime?
No, arguing with someone is not a crime. However, if the argument escalates into violence or threats of violence, then it could be considered affray and may result in criminal charges. It is important to know your rights and consult an experienced criminal defense attorney when facing potential criminal charges.