Why when video shows #ProudBoys stomping on person lying on ground in the fetal position is #NYPD planning only to charge them w/ Riot & Attempted Assault?
Riot is a Misdemeanor & I guarantee my clients would be charged w/ Gang Assault.
buzzfeednews.com/article/maryan… via @marygeorgant
Riot is a Misdemeanor & I guarantee my clients would be charged w/ Gang Assault.
buzzfeednews.com/article/maryan… via @marygeorgant
Gang assault in New York, does not mean membership in a "gang," it just requires the participation of three or more people in an assault. This is a classic gang assault situation. Oh and, hey, hate crime charges - there were repeated use of homophobic and racial slurs.
Even when @NYPDONeill & @NYCMayor come under enormous scrutiny and pressure for arresting protesters and not #ProudBoys, & announce they'll take action, it's still smoke & mirrors.
They count on people not understanding that Riot is not a serious charge, and not knowing what would normally be charged in these situations. The same way they tried to work the whole "oh nobody made a complaint" line.
Also, in law, the actions of one or more people can be imputed to a group under an "acting in concert" theory. Everyone here seems to be active participants, but sometimes prosecutors charge our clients when they are merely present at the scene of crime, & not participating.
