Fighting or Affray
In Jacksonville, Florida, a criminal defendant may be charged with Fighting, pursuant to the Jacksonville Municipal Code Section 614.123. Jacksonville Fighting occurs when a person engages in a fight or mutual combat with another person or persons in a public area. However, authorized boxing and wrestling is exempt from this ordinance. This is a Class D offense, so it is punishable by up to sixty days in jail.
The Florida Statutes prohibit a similar offense. According to Florida Statute Section 870.01(1), affray is a first degree misdemeanor which is punishable by up to one year in jail. However, Florida statutory law does not define fighting or affray. Under Florida Case Law, fighting or affray occurs when two or more people engage in a fight in a public place which leads to the terror of the people. In order for a person to be guilty of fighting or affray, there must be some sort of assault or battery involved.