The offense originated under the COMMON LAW and in some jurisdictions has become a statutory crime. Although an agreement to fight is not an element of the crime under the common-law definition, some statutes provide that an affray can occur only when two or more persons agree to fight in a public place.
An affray is a type of DISORDERLY CONDUCT and a breach of the peace since it is conduct that disturbs the peace of the community. It is punishable by a fine, imprisonment, or both.
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