What is the legal defintion of a gang?

Full question:

What is the legal defintion of a gang?

Category: Courts
Subcategory: Legal Definitions
Date: 04/07/2025
State: New York

Answer:

The following are NY statutes:

§ 120.06 Gang assault in the second degree.

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 in the second degree is a class C felony.

§ 120.07 Gang assault in the first degree.

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the penalties for gang-related crimes in New York?

In New York, gang-related crimes can lead to severe penalties. For example, gang assault in the second degree is a class C felony, which may result in a prison sentence of up to 15 years. Gang assault in the first degree is more serious, classified as a class B felony, with potential prison time of up to 25 years. The exact penalty can vary based on the circumstances of the offense and the defendant's criminal history. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How does New York define gang activity?

New York defines gang activity primarily through statutes related to gang assaults. These laws focus on actions where individuals, aided by others, intentionally cause physical harm. The definition encompasses organized groups that engage in such criminal behavior. Specific legal terms and definitions may vary, so it’s essential to consult legal resources or professionals for detailed information. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What constitutes gang assault in New York?

Gang assault in New York is defined under two statutes. The second degree involves intending to cause physical injury with the aid of two or more people, resulting in serious injury. The first degree escalates this by requiring the intent to cause serious physical injury, also with assistance from others. Both offenses carry significant felony charges, emphasizing the seriousness of gang-related violence. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can someone be charged with gang-related crimes without being a gang member?

Yes, an individual can be charged with gang-related crimes in New York even if they are not an official gang member. If they participate in a crime, such as a gang assault, while being aided by others, they may still face charges. The law focuses on the actions taken during the crime rather than formal gang membership. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*