An assault with intent to cause injury to another person, wherein the offender is helped by two or more persons, can be charged as a gang assault crime. This is a serious crime, and conviction carries severe punishment – including jail time of up to 25 years.

The name of this charge makes it seem like the assault should be committed by members of an identifiable street gang (e.g. Bloods, Crips, Latin Kings, etc.), but this is not the case. The assault statute defines “gang” as simply three or more people assaulting another person.

Second and First Degree Gang Assault

According to the New York Penal Code Section 120.06 and 120.07, there are two levels of gang assault:

  1. Second Degree Gang Assault – the physical injury is caused with assistance from two or more people; Class C felony, punishable by up to 15 years in prison
  2. First Degree Gang Assault – intentionally causing serious physical injury, with assistance from two or more people; Class B felony, with a possible prison sentence of up to 25 years

Defenses Against a Gang Assault Charge

The lack of seriousness of the injury may serve as a good defense to a charge of gang assault. The court may tap into medical expertise to determine whether or not the victim suffered from an injury. Other factors they will consider are:

  • If the victim lost consciousness
  • If the victim suffered a great deal of pain
  • If the victim was able to hold a conversation with the attacker
  • If the victim sustained a permanent scar
  • If any vital organs were damaged
  • If surgery was necessary

Other defenses include the claim that there was consent, the assertion that there was justification, and the denial of consent led to an injury. Often, assault charges are based on emotions and motivated by the desire for revenge – the victim may exaggerate the event, the extent of the injury, or make other unsupported claims. Another defense is misidentification. The victim may have mistaken you for another person.

For legal assistance on your gang assault charge, call my law office today. 516.399.0233