In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror (in French: à l'effroi) of ordinary people (the lieges). Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; in that event it is for one of these offences that they are usually charged.

England and Wales

In current English Law, affray forms part of the Public Order Act 1986 under section 3. The act states:

1. A person is guilty of affray if he uses or threatens unlawful violence towards another and the person's conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
2. Where two or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose of subsection (1)
3. For the purposes of this section a threat cannot be made by the use of words alone.
4. No person of reasonable firmness need actually be, or be likely to be, present at the scene.
5. Affray may be committed in private as well as in public places.

A person suspected of affray is subject to arrest, can be tried either way, and faces three years imprisonment and/or a fine on indictment; six months imprisonment and/or a fine summarily.

The United States

In the United States the English common law as to affray applies, subject to certain modifications by the statutes of particular states.