For an assault to be classified as a gang assault, there must be at least three people involved to complete the crime. Gang assault has only two degrees. They are gang assault in the first degree and the gang assault in the second degree. The worst offense is the first-degree gang assault. Under the New York Penal Code 120:07, you are likely to face this charge if you are caught in a gang assault. In this case, your intention was to cause serious injury on the victim. If your action resulted in a physical injury to the victim, you are more likely to face this charge. This crime is classified under the class E felony.
In the New York Criminal Courts, a physical injury can be referred to as one that causes substantial pain, physical condition, or physical impairment. In this case, a serious physical injury is defined as one that causes death, one that also creates a substantial risk of death, one that causes protracted impairment or risk of health, or one that causes loss of a body organ. The different between the second-degree and first-degree gang crime is the intentions. For a second-degree gang assault, your intention must be to cause physical injury. On the other hand, the first-degree gang assault’s intention must be to cause death or a serious physical injury.
A man was accompanied by two of his friend when they bumped into a woman. They punched her face a few times before grabbing her handbag. When they left the woman, she was admitted at an emergency inlet in a hospital. She was diagnosed with minor bruises accompanied by a headache. The medical practitioner discharged her with an over-the-counter medication. The man was charged and arrested with first-degree gang assault. When they were in court, the man’s lawyer objected to the claims. They argued that that woman did not suffer any serious physical injury. For this reason, the prosecutor had a tough time sustaining the first-degree gang assault case based on the minimal injuries that do not require treatment or hospitalization.
1. First-degree assault: New York Penal Code 120:10
2. Second-degree gang assault: New York Penal Code 120:06
The lack of seriousness on the injury of the victim may present an opportunity to win the case. A first-degree gang assault charge is based on the defendant having the intention to cause a serious physical injury. For this reason, the victim must suffer serious physical pain. If one of these factors is absent, the case is not valid. The medical evidence will be examined by the court to determine the case.
Factors considered by the court include:
• Whether the victim underwent surgery
• Whether there was damage to any vital part of the body
• Victim suffered a permanent scar
• Victim lost conscious
Because this is a first-degree gang assault in a class B felony, you are likely to face a 25-year jail term. Because it is also a violent felony, a minimum sentence of five years is applicable. The prior criminal record will also affect the length of the sentence. A fine of $5,000 is applicable.
The NYC Criminal Attorneys Law Firm
It is a serious offense to be arrested for a first-degree gang assault. You can stay in prison for quite some time. However, there is a defense for a first-degree gang assault charge that can be noted by an experienced legal practitioner. It is important to contact a legal representative if you are arrested. The staff at NYC Criminal Attorneys Law Firm is experienced in representing clients in the New York Criminal Courts who are charged with such felonies and misdemeanors. Contact us for a free consultation session with our team of experienced lawyers.