Gang Assault Charges
In the city courts throughout the five boroughs, the charge of gang assault is becoming increasingly more common. Gang Assault charges, NY Penal Law 120.06 and PL120.07 are both serious felonies.
Gang Assault in the second degree, PL120.06, states that a person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang Assault, 2nd degree is a Class C Felony and carries a term of imprisonment for a defendant found guilty. For a defendant with no prior felony convictions in the preceding ten years, guideline prison terms of 3 1/2 to 15 years apply if found guilty. For an individual charged with this crime who has been previously convicted of a felony within the last 10 years, a predicate-felon, a minimum term of five years applies if found guilty.
Gang Assault in the first degree, Penal Law120.07, states that a person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the first degree is a Class B felony, which carries up to a 25 year prison term for an individual found guilty of this crime.
Self-defense and mistaken identity are issues that may ultimately arise, and if you are charged with gang assault, you should immediately contact an assault attorney to review the facts of your case and begin mounting your defense. An
assault lawyer can explain your legal rights and options, developing an early strategy to handle your case.