Criminal Defense Attorneys Discuss Gang Assault Charges In The Second Degree
New York State law defines several different types of assault based not only on the manner of the assault and the degree of injury, but also on the people involved.
Gang Assault in the Second Degree (NY Penal Code Article 120.06 is a type of assault primarily defined by the number of people involved.
Not all gang assaults in Buffalo, however, involve an actual “gang” in the sense normally understood by most people.
To be charged with Gang Assault in the Second Degree, it is not required that the participants be involved in some form of organized “gang.”
Any relationship between the three or more individuals conducting the assault is not relevant to the charge.
All that matters is that at least three people were involved.
Aside from the number of people involved, Gang Assault in the Second Degree requires that the person charged be found to have acted with an intent to cause physical injury to someone and, when acting on the intent, that person or another person (for example, a bystander) suffered a serious physical injury.
New York defines a serious physical injury as an injury causing death, risk of death, long term disfigurement or impaired health, or long term loss of or damage to a body organ.
If you have been charged with assaulting someone with gang specifications, and want to know how we can help avoid the penalties, we can help.
Call us at 716-542-5444.