NYC Gang Assault In The Second Degree Lawyers

If you are being charged with gang assault in the second degree then chances are you are very puzzled and have a lot of questions. New York City has a measured response to this charge, and there is no question you will need effective legal representation. One of the things you immediately might find is that all of your old impressions about a gang-related charge simply do not hold true. Consider the following factors:

First of all, many people do not realize they do not have to belong to an identifiable street gang to have the misfortune of picking up this charge when they are in the New York City area. It comes as a shock to many people that the only requirement for gang assault would be if the assault on the victim is perpetrated by three or more people. If you are a part of this group, then unfortunately your charge will not just be assault but it will be raised to gang assault. This brings us to the next part of this tricky subject, which calls for a full understanding of this New York City assault statute.

First of all, what is the difference between gang assault in the second degree and regular assault in the second degree? The main difference is that the penalties are harsher, including prison time based on whether the subject has a prior criminal record, payment of a fine, or sometimes probation. And yes, gang assault in the second degree is considered a felony in New York state.

Another surprising thing to most people charged with gang assault would be the fact that even if they do not engage in physical contact with the victim they still can be successfully prosecuted. All they have to do is simply direct the assault to be carried out by two other assailants. There have been court cases where an individual simply watched the others assault someone, and they were still prosecuted simply because their presents helped to carry out the assault by emboldening the others.

Of course, there is also the matter of forming a valid defense to the charge of gang assault in the second degree. In order for this charge to stick, the offender must have an intention to cause physical injury as well as the victim suffering serious physical injury. If it can be proven that at least one of these specifications is not present, then the defendant might be able to get off on a lesser charge.

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Legal Scenario: What Would You Do?

Scenario

You were at a party in Brooklyn when a fight broke out between two groups, and police arrested everyone present, charging you with gang assault in the second degree under New York Penal Law § 120.06 even though you never threw a punch. Now you're facing a Class C violent felony and wondering how prosecutors can hold you responsible for injuries caused by others in the group.

How can I be charged with gang assault in the second degree when I didn't actually assault anyone myself?

Attorney's Answer

Under New York Penal Law § 120.06, gang assault in the second degree requires that a person, acting with two or more other participants, intentionally causes serious physical injury to another person — but the statute does not require that you personally inflicted the injury. Prosecutors often rely on an "acting in concert" theory under Penal Law § 20.00, meaning if they can show you aided or encouraged the group's conduct, you can be held equally liable. As a Class C violent felony, a conviction carries a mandatory minimum of 3.5 years and up to 15 years in state prison, with no possibility of a conditional discharge. An experienced defense attorney can challenge the evidence of your participation, argue misidentification in a chaotic scene, or negotiate the charge down to a lesser offense like assault in the third degree.

This is general information only. Contact us for advice specific to your situation.

This leads us to our last point. Simply put, this is a very serious charge and you will need the services of a very aggressive criminal defense attorney. If you find yourself charged with this crime, you need to immediately contact the Federal Lawyers. This group of attorneys are extremely knowledgeable in the nuances of New York law. They know how to maneuver a criminal assault case and they know a number of tricks in order to enhance the possibility of even getting your case dismissed. For the best outcome of your gang assault in the second degree case, give them a call today!