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. Federal Lawyers 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.
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(212) 300-5196This 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.
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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.
You were at a nightclub in Manhattan when a fight broke out between two groups. Police arrested everyone involved, and now you're being charged with Gang Assault in the First Degree under New York Penal Law § 120.07, even though you only threw a single punch and didn't know most of the other people in the altercation.
How can I be charged with gang assault when I barely participated and didn't even know the other people involved?
Under New York Penal Law § 120.07, Gang Assault in the First Degree is a class B violent felony that applies when a person, acting with two or more other participants, causes serious physical injury to another person. Prosecutors do not need to prove you knew every person involved or that you were part of an organized gang — only that you acted in concert with others during the assault. A conviction carries a mandatory minimum of 5 years and up to 25 years in state prison, making it one of the most serious assault charges in New York. An experienced defense attorney can challenge the 'acting in concert' element, argue lack of intent, or work to reduce the charge to a lesser assault offense such as Assault in the Second or Third Degree.
This is general information only. Contact us for advice specific to your situation.
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:
- 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
