Assault is the most common criminal charges you are likely to face if you recklessly or intentionally cause physical injury to someone else. If more than three people perpetrate that assault, then the offense is raised from assault to gang assault. While this name might suggest that the assault is caused by people identified to belong to a street group, it is not often the case. For purposes of the assault statute, a gang is referred to a group of three or more people who caused assault to a person. Under the New York Penal Code 120:06, you will face a second-degree gang assault if you get the aid of two or more people to complete your assault. Your intention was to cause physical injury to the victim after the assault. The victim also must have suffered serious physical injury. This crime belongs to class C felony.
A man and four other people approached two people and started picking a street talk with them. They yelled at the two individuals. In the course of the yelling, the man decides to direct the two people to attack the two men. While the man watches, the four people assault the two people. As a result, the two individuals suffer serious physical injuries. Even though that man did not attack the two individuals physically, he directed the other four people to act on his behalf. Therefore, he will face conviction for second-degree gang assault under the New York Penal Code 120:06.
1. First-degree assault: New York Penal Code 120:10
2. First-degree gang assault: New York Penal Code 120:07
A second-degree gang assault charge is based on the victim suffering serious physical injury and the defendants who want to cause injury. If one of these factors is absent, you can defend yourself against the charges pressed on you. The court, on the other hand, will not consider that injury as serious unless it is not disfiguring the person permanently or life-threatening. Stab wounds can not cause severe physical injuries.
Because the second-degree gang assault is under the class C felony, you are likely to face a prison sentence that does not exceed 15 years. For this reason, the sentence can be accompanied by $5,000 fine. Because this assault is classified as a second-degree violent felony, the judge must impose a mandatory two-year prison sentence. Prior conviction with these charges will affect the increment of your prison sentence.
New York Penal Code 120.06: Gang Assault in the Second Degree
A person is said to be guilty of committing the second-degree gang assault when they have an intention of causing physical injury to another person. In this case, they must have committed the crime with the aid of two or more people. In this case, he will be convicted if he causes a serious injury to the person or third person.
The NYC Criminal Attorneys Law Firm
It is often a serious offense to be arrested for committing the second-degree gang assault crime. If you get convicted, many aspects of your life will never remain the same again. However, there are many defenses to a second-degree gang assault that can only be understood by an experienced legal practitioner in New York. Therefore, it is always important to contact a person who knows this legal platform if you are arrested with a second-degree gang assault charge. The staff at NYC Criminal Attorneys Law Firm have many years of professional experience in defending clients in the New York criminal courts who have been charged with felonies and misdemeanors such as first and second-degree assault, stalking, menacing, reckless endangerment, and rape. Call us for a free consultation session.