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NYC Gang Assault In The First Degree Lawyers

March 21, 2024 Uncategorized

Assault is a very common type of crime in both New York and the rest of the United States. “Assault” refers to any crime that uses violence for the injury of another individual. Shooting someone with a gun or beating up a person in a bar fight are both forms of assault. Many crimes related to child abuse and domestic violence involve assault. Several different varieties of assault are defined under New York’s penal law.

One of these assault types is gang assault. Gang assault is a charge that might be leveled against you if you and at least two other individuals assault another individual together. The group doesn’t need to be involved with organized street gangs of any kind for the charge to apply. A “gang” is defined as a group of three or more people who are participating in the assault of another individual. There are two main types of gang assault: first degree gang assault and second degree gang assault. Both of these are serious felonies. However, first degree gang assault has a more severe punishment.

If you’ve been accused of being part of a gang assault, it’s important to get in touch with a New York criminal lawyer who has experience in criminal defense. Spodek Law Group is an association of experienced criminal lawyers who can provide you with the best defense for the charges that have been leveled against you.

First Degree Gang Assault Defined

Of the two degrees of gang assault, first degree gang assault is the more severe offense. This charge will be leveled against you when you assault another individual and at least two other people aid in this assault. You must have intended to cause the person serious physical harm, and the victim must have suffered serious physical harm because of the assault.

This crime is a class B felony. The state of New York defines physical injury as any injury which causes substantial pain or an impairment of an individual’s overall physical condition. Serious physical injury must meet the qualifications for physical injury, and it must also additionally cause death, create a high risk of death, cause the individual to lose a bodily organ, cause protracted disfigurement, or cause significant impairment of overall health.

First degree and second degree gang assaults are differentiated by the intent. Second degree assaults are defined by intent to cause physical injuries; first degree assaults are defined by intent to cause serious physical injuries.

The court will decide which charge should apply when they review the facts of your case, the circumstances, and your overall actions. One such case was the 2011 case People v. Meachem, in which the court decided that the probable and natural consequences from striking defenseless victims repeatedly were serious physical injuries to the victims. Therefore, the intention of the defendant could be construed as intent to cause a serious injury rather than just an injury.

Gang Assault Charge Defenses

If the injuries that the victim sustained are not serious, a prosecutor will have a hard time proving that the intent was to cause a serious physical impairment. The court will need to review the medical evidence of the victim closely. Courts might consider the following factors:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • If the victim ever lost consciousness
  • If the assault caused any permanent scarring
  • If the victim experienced or currently experiences a lot of pain as a result of the assault
  • Whether vital organs became damaged
  • Whether surgery was required as a result of the assault

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