New York Crimes: Gang Assault in the Second Degree
A person commits the crime of gang assault in the second degree in New York if he or she: (1) intends on causing another person physical injury; (2) causes that person or a third person serious physical injury ; and (3) was aided by two or more persons actually present. [PL §120.06]
A person intends on causing another person physical injury if their conscious objective or purpose is to cause physical injury to another. [PL § 15.05(1)] "Physical injury" is defined as impairment of physical condition or substantial pain. [PL §10.10(9)] "Serious physical injury" is defined as physical injury which: creates a substantial risk of death; causes death; causes protracted disfigurement; causes protracted impairment of health; or causes protracted loss or impairment of the function of any bodily organ. [PL §10.10(10)] A "person actually present" refers to a person who is ready, willing and able to give instant aid to a person engaged in assaulting another. [CJI-Gang Assault Second Degree]
Gang assault in the second degree is a class C felony in New York.[PL § 120.06]
