New York Penal Law § 120.06 – Gang Assault in the Second Degree

Gang Assault in the Second Degree is a crime that harshly punishes those who, intending to cause physical injury and while being aided by two or more people who were actually present at the time, cause serious physical injury to another person. Gang Assault in the Second Degree is a Class C felony.

Before a judge or jury can convict anyone of Gang Assault in the Second Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of Gang Assault in the Second Degree are:

• The defendant causes serious physical injury to another person;
• The defendant did so with the intent to cause physical injury; and
• Two or more people who were actually present at the time of the crime assisted the defendant.

Importantly, there is no requirement that the person who was actually injured was the person the defendant intended to injure.

Some of the most common examples of Gang Assault in the Second Degree include the following:

• Three friends follow a person home from work to assault them, causing serious physical injury;
• Two rival gangs get into a fight at a nightclub; and
• A defendant and two friends commit a robbery, resulting in serious injury to the victim.

Often, prosecutors bring Gang Assault in the Second Degree charges along with one or more of the following:

• Gang Assault in the First Degree – N.Y. Penal Law § 120.07
• Assault in the First Degree – N.Y. Penal Law § 120.10
• Assault in the Second Degree – N.Y. Penal Law § 120.15
• Assault in the Third Degree – N.Y. Penal Law § 120.00
• Reckless Endangerment in the Second Degree – N.Y. Penal Law § 120.20
• Reckless Endangerment in the First Degree – N.Y. Penal Law § 120.25
• Menacing in the First Degree – N.Y. Penal Law § 120.13
• Menacing in the Second Degree – N.Y. Penal Law § 120.14
• Menacing in the Third Degree – N.Y. Penal Law §120.15

There are several defenses to Gang Assault in the Second Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• You did not have the intent to cause physical injury to another person;
• You were not aided by two or more people, even if they were present at the time;
• Anyone who assisted you in committing the assault was not present;
• The alleged victim did not experience serious physical injury;
• Self-defense;
• Defense of others;
• Misidentification; and
• Law enforcement violated your constitutional rights when investigating the incident.

Gang Assault in the Second Degree is a Class C felony. In New York, a Class C felony carries a maximum sentence of up to 15 years in jail and a fine of up to $15,000.

If you were recently arrested for a gang-related crime, the prosecution will use whatever ties you have to any known street gangs against you, casting you in the worst possible light. However, at Tilem & Associates, P.C., our dedicated team of New York criminal defense attorneys has extensive experience defending the rights of clients charged with gang assault and similar violent crimes. We understand what it takes to defend against the government’s allegations and are prepared to aggressively defend your rights, freedom, and future. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.