Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
Last Updated on: 27th July 2023, 06:33 pm
New York state law takes gang assault charges seriously, and individuals who are charged with gang assault face harsh penalties. Gang assault involves a group of people acting together to intentionally cause physical harm to another person. In this article, we will discuss the difference between NY Gang Assault in the Second Degree (New York PL 120.06) and NY Gang Assault in the First Degree (NY PL 120.07).
Under Penal Law Section 120.06, a person is guilty of Gang Assault in the Second Degree when they intentionally cause physical injury to another person, aided by two or more other people who are present, and the victim sustains serious physical injury.
According to New York Penal Law, the terms “intent,” “physical injury,” and “serious physical injury” all have special meanings. Jurors must follow legal definitions for these terms instead of using their own interpretation.
What is Intent Under NY Law?
The legal definition of intent is a conscious objective or purpose. If an individual swings at someone with a closed fist, it can be inferred that their intent is to cause physical injury to that person.
What is Physical Injury under NY Law?
The legal definition of physical injury means impairment of physical condition or substantial pain. Even a small bruise or mark is enough to be considered physical injury. The term substantial pain is any pain that is more than slight or trivial.
What is Serious Physical Injury under NY Law?
Under New York Law, serious physical injury means impairment of a person’s physical condition that creates a substantial risk of death, causes death, causes serious and protracted disfigurement, or causes protracted impairment of health or loss or impairment of the function of any bodily organ.
What is the Legal Definition of Actually Present under New York Law?
A person is considered actually present when they are in a position to render immediate assistance to a person participating in the assault and are ready, willing, and able to do so.
Gang Assault in the Second Degree is a Class C Violent Felony and is punishable by 3.5 to 15 years in prison. Probation, conditional discharge, or a determinate sentence of one year or less are not possible.
The difference between the two New York Gang Assault charges involves the intent that the individual has. New York Gang Assault in the Second Degree requires the intent to cause physical injury, while New York Gang Assault in the First Degree requires the intent to cause serious physical injury.
A person is guilty of Gang Assault in the First Degree when they intentionally cause serious physical injury to another person, aided by two or more other people who are present, and the victim sustains serious physical injury.
Gang Assault in the First Degree is a Class B Violent Felony and is punishable by 5 to 25 years in prison. Probation, conditional discharge, or a determinate sentence of one year or less are not possible.
One possible defense to the charges of New York Gang assault is the mere presence defense.
In the world of criminal law, every detail matters. One such detail is the legal definition of a person being “actually present” during an assault. Simply being in the vicinity is not enough to warrant a charge of gang assault. Rather, a person must be in a position to provide immediate assistance to someone involved in the altercation and must be ready, willing, and able to do so.
Consider this scenario: A, B, and C show up to fight D. All three of them are in a position to help each other in the brawl, so they would be considered actually present for the purposes of gang assault charges.
However, if A and B go to fight D, and C stays home, but C was the one who invited D to the location of the fight, A, B, and C cannot be charged with gang assault because C was not actually present and was not ready, willing, and able to help A and B in the fight.
Gang Assault in the Second Degree is a Class C Violent Felony in New York. This means that the charge is punishable by 3.5 to 15 years in prison. If you’re convicted of this offense, you cannot receive probation, conditional discharge, or a determinate sentence of one year or less.
New York law recognizes two different gang assault charges: second degree and first degree. The main difference between the two is the intent of the offender.
Gang Assault in the Second Degree requires the intent to cause physical injury, while Gang Assault in the First Degree requires the intent to cause serious physical injury.
Intent can be inferred from a person’s actions, and the specific circumstances of the offense will determine the difference in intent between the two charges. For example, if the gang assault involves just fists and no serious injuries, the intent is likely to cause physical injury. However, if the assault involves weapons and serious injuries, the intent is likely to cause serious physical injury.
To be guilty of Gang Assault in the First Degree, a person must:
Have the intent to cause serious physical injury to another person
Be aided by two or more other persons who are actually present
Cause serious physical injury to the victim or a third person.
Gang Assault in the First Degree is a Class B Violent Felony. This means that the charge is punishable by 5 to 25 years in prison. Like Gang Assault in the Second Degree, this charge is not eligible for probation, a conditional discharge, or a determinate sentence of one year or less.
There are several defenses that can be used to fight gang assault charges in New York. Two of the most common are:
Under the “mere presence” defense, a person cannot be prosecuted for a crime if they were simply at the location where the crime occurred. For example, if A goes to the store with B, C, and D, and they beat up E, A cannot be charged with gang assault if all they did was come to the store with the group.
Another common defense is to argue that the accused lacked the intent to cause physical or serious physical injury. Gang assault charges require intentional conduct, so if the injuries sustained were the result of reckless or negligent behavior, the accused cannot be charged with gang assault.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.