Gang Assault in the First Degree (NY PL 120.07) is an assault committed by three or more people.
Despite the name, the charge does not imply membership in a street gang in Rochester.
Any assault committed by more than two people, with the intent of causing serious physical injury to victim, who did actually sustain serious physical injury, may be charged as Gang Assault in the First Degree.
“Serious physical injury” is defined under New York law as injuries that cause death, the substantial risk of death, protracted disfigurement or impairment, or loss of an organ.
The seriousness of injuries sustained by the victim may be one avenue in a defense case in Gang Assault in the First Degree.
The intention of the defendants may be another.
Sometimes things go awry when one’s intention is just to scare someone off or otherwise end an altercation without meaning to cause serious harm.
As a violent felony, judges in Rochester are required to sentence you to at least five years, even if your record has been spotless before this incident.
Don’t wait to see how things play out.
Call the attorneys at Friedman & Ranzenhofer today at 585-484-7432 for a legal consultation with an experienced Rochester Gang Assault lawyer.