New York Penal Law § 120.07 – Gang Assault in the First Degree

Gang Assault in the First Degree is a criminal offense that provides extremely harsh penalties for anyone who intentionally causes another person to suffer serious physical injury while acting in concert with two or more other people. Gang Assault in the First Degree is a Class B felony.

Every crime consists of certain elements, which are facts that the prosecution must prove beyond a reasonable doubt before a judge or jury can return a conviction. The elements of Gang Assault in the First Degree are:

• The defendant’s actions resulted in another person experiencing serious physical injury;
• The defendant intended to cause serious physical injury; and
• The defendant was assisted by two or more people who were actually present at the time of the assault.

Under the doctrine of transferred intent, the alleged victim does not need to be the target of the defendant’s conduct in order for the second element to be met. Additionally, there is no requirement that prosecutors present proof of formal gang membership.

Some examples of Gang Assault in the 1st Degree include the following:

• Three people engage in a drive-by shooting, resulting in serious injury to one or more people;
• An innocent bystander is hit by a stray bullet during a shootout involving three or more people; and
• Three friends commit a home invasion burglary, leading to the sexual assault of a resident.

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

• Gang Assault in the Second Degree – N.Y. Penal Law § 120.06
• Attempted Murder in the First Degree – N.Y. Penal Law § 110.05 / 125.27
• Attempted Murder in the Second Degree – N.Y. Penal Law § 110.05 / 125.25
• Attempted Manslaughter in the First Degree – N.Y. Penal Law § 110.05 / 125.20
• Attempted Manslaughter in the Second Degree – N.Y. Penal Law § 110.05 / 125.15
• Assault in the Second Degree – N.Y. Penal Law § 120.15
• Assault in the First Degree – N.Y. Penal Law § 120.10
• Reckless Endangerment in the First Degree – N.Y. Penal Law § 120.25
• Menacing in the Second Degree – N.Y. Penal Law § 120.14
• Menacing in the First Degree – N.Y. Penal Law § 120.13

There are several defenses to Gang Assault in the First Degree. A successful defense may reduce your sentencing exposure, prompt the prosecution to withdraw the case against you or result in the jury returning a “not guilty” verdict. The most common defenses include the following:

• You lacked the intent to cause serious physical injury;
• The alleged victim did not experience serious physical injury;
• You were not aided by two or more people;
• One or more of the people who assisted you were not present at the time of the alleged assault;
• Misidentification;
• Self-defense or defense of others; and
• Law enforcement officers committed a constitutional violation during their investigation.

Gang Assault in the First Degree is a Class B felony, which carries a maximum prison term of up to 15 years and a fine of up to $15,000.

If you were recently arrested for engaging in a violent, gang-related assault, it is essential that you have an experienced New York criminal defense attorney by your side at every step of the way. At Tilem & Associates, P.C., our team of dedicated New York criminal defense lawyers has over 25 years of experience standing up for the rights of individuals charged with violent crimes and knows what it takes to beat even the toughest cases. 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.