The offence is a misdemeanour at English common law, punishable by fine and imprisonment.
A fight in private is an assault and battery, not an affray.
As those engaged in an affray render themselves also liable to prosecution for assault, Unlawful Assembly, or Riot, it is for one of these offences that they are usually charged.
Any private person may, and constables and justices must, interfere to put a stop to an affray.
In the United States the English common law as to affray applies, subject to certain modifications by the statutes of particular states (Bishop, Amer. Crim. Law, 8th ed., 1892, vol. i. sec. 535).
The Indian Penal Code (sect. 159) adopts the English definition of affray, with the substitution of actual disturbance of the peace for causing terror to the lieges.
The Queensland Criminal Code of 1899 (sect. 72) defines affray as taking part in a fight in a public highway or taking part in a fight of such a nature as to alarm the public in any other place to which the public have access. This definition is taken from that in the English Criminal Code Bill of 1880, cl. 96.
Under the Roman Dutch law in force in South Africa affray falls within the definition of vis publica.
Based on an article from a well-known encyclopedia published in 1911.