NY Penal Law § 120.06: Gang assault in the second degree

Assault is the criminal charge you will face if you intentionally or recklessly cause physical injury to someone else. If the assault is perpetrated by at least 3 people, then the offense is not simply assault, it is raised to gang assault. While the name of this crime makes it seem as if the assault must be committed by members of an identifiable street gang, this is not the case. For purposes of the assault statute a "gang" is simply 3 or more people assaulting another person. Under New York Penal Code § 120.06 you will face a charge of gang assault in the second degree if you assault another person and are aided in the assault by at least 2 other people. Your intent must have been to cause physical injury and as a result of the assault, the victim must have actually suffered serious physical injury. It is a class C felony.

A man and 4 friends approach 2 people and started to yell at them. Then the man directs his friends to physically attack the 2 people. They do so while the man watches. As a result the 2 people suffered serious physical injuries. Even though the man did not personally physically attack the 2 victims, he directed the other 4 people to do. For this reason he could be prosecuted for gang assault in the second degree under New York Penal Code § 120.06.

1. Gang assault in the first degree: New York Penal Code § 120.07
2. Assault in the first degree: New York Penal Code § 120.10

A gang assault in the second degree charge is based on the defendant intending to cause physical injury and the victim suffering serious physical injury. If either of these factors is absent, you have a valid defense against the charge. The court will not consider an injury as "serious" unless the injury is life-threatening or permanently disfiguring. Even multiple stab wounds may not necessarily cause serious physical injuries.

Because gang assault in the second degree is a class C felony the maximum possible sentence is 15 years in prison, plus a fine of up to $5,000. Because gang assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 2 years in prison. The actual length of your prison sentence will depend on factors such as your prior criminal record.

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.

Being arrested for gang assault is serious. If you are convicted many aspects of your life may change forever. However, there may be defenses to a charge of gang assault in the second degree that only an experienced practitioner will understand. Thus, if you have been arrested for gang assault in the second degree or any assault charge, it is important to immediately contact someone who understands the New York criminal system. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.