BRONX, NY – A domestic violence accusation in the Bronx can lead to immediate consequences including a temporary order of protection, removal from a shared residence, and lasting effects on employment, housing, child custody, and immigration status, even before a case reaches trial. Bronx criminal defense attorney David Mejia Colgan of the Law Offices of David Mejia Colgan, Esq. (https://dmclawny.com/bronx-domestic-violence-attorney/) is addressing the legal framework, potential penalties, and defense options available to individuals facing domestic violence-related charges in Bronx County.

According to Bronx criminal defense attorney David Mejia Colgan, New York does not have a standalone domestic violence statute. Instead, the term describes any criminal offense committed against a family or household member as defined under Criminal Procedure Law § 530.11 and Family Court Act § 812. The underlying charge, whether assault, harassment, strangulation, or criminal contempt, determines the penalties an individual faces. Under CPL § 530.11, qualifying relationships include current or former spouses, people who share a child in common, individuals in an intimate relationship whether or not they live together, and relatives by blood or marriage. “Prosecutors in the Bronx treat these cases aggressively,” explains Mejia Colgan. “Even a heated argument can result in an arrest and criminal charges, with judges typically issuing orders of protection at arraignment before the defense has presented any evidence.”

Bronx criminal defense attorney David Mejia Colgan notes that charges in these cases range from violations carrying up to 15 days in jail, such as harassment in the second degree under Penal Law § 240.26, to Class D felonies punishable by up to seven years in state prison, including strangulation in the second degree under Penal Law § 121.12 and assault in the second degree under Penal Law § 120.05. Criminal obstruction of breathing under Penal Law § 121.11 is a Class A misdemeanor, and violating an order of protection can be charged as criminal contempt in the second degree under Penal Law § 215.50, or as aggravated criminal contempt under Penal Law § 215.52, a Class D felony, depending on the alleged conduct and prior history. New York also has a mandatory arrest policy under CPL § 140.10(4), requiring officers to arrest any person they have reasonable cause to believe committed a felony family offense or violated a stay-away order.

Attorney Mejia Colgan emphasizes that the collateral consequences of a conviction often prove more damaging than the criminal penalties themselves. Under federal law at 18 U.S.C. § 922(g)(9) and New York Penal Law § 400.00, even a misdemeanor conviction prohibits firearm possession. Non-citizens may face deportation, inadmissibility, or denial of naturalization. Landlords in the Bronx and throughout New York City can conduct background checks that may lead to denial of rental applications, and many employers in healthcare, education, finance, and government screen for criminal records. Under Domestic Relations Law § 240, courts must consider domestic violence when making custody and visitation determinations, and convictions can affect professional licenses in nursing, teaching, law enforcement, and other regulated fields. “The connection between criminal charges and custody proceedings makes it especially important to mount an effective defense,” Mejia Colgan advises. “A conviction does not automatically result in loss of custody, but it provides powerful evidence for the other parent in Family Court.”

Orders of protection are routinely issued at arraignment in the Bronx, often within hours of an arrest. A full order of protection prohibits all contact including phone calls, text messages, and social media interaction, and may require leaving a shared residence. A limited order allows continued contact but prohibits offensive conduct. Both Bronx County Criminal Court at 265 East 161st Street and Bronx County Family Court at 900 Sheridan Avenue can issue these orders, and the Bronx County Integrated Domestic Violence Court, also located at the Hall of Justice, handles cases where a family has overlapping criminal and family court proceedings. “Violating an order of protection, even accidentally through a text message, is a separate criminal offense that can result in arrest and additional penalties,” Mejia Colgan observes.

After arrest, individuals are typically arraigned at Bronx County Criminal Court within 24 hours. Under the 2020 discovery reform laws, prosecutors must provide initial discovery within statutory deadlines, generally 20 days if the defendant is in custody and 35 days if not, including police reports, witness statements, body camera footage, 911 recordings, and medical records. Cases may be resolved through dismissal if evidence is insufficient, Adjournment in Contemplation of Dismissal under CPL § 170.55 which can result in charges being dismissed and sealed, plea reduction to a non-criminal violation such as disorderly conduct under Penal Law § 240.20, participation in court-ordered intervention programs, or trial before a judge or jury.

Defense strategies depend on the specific facts of each case. False or exaggerated allegations may arise during custody disputes or relationship breakdowns, and a thorough investigation can reveal contradictions in the complainant’s statements and potential motivations. Self-defense under Penal Law Article 35 may serve as a complete defense when the accused reasonably believed physical force was necessary to prevent imminent harm. Insufficient evidence, including weak corroboration and inconsistent witness accounts, may also provide grounds to challenge charges. The Domestic Violence Survivors Justice Act under Penal Law § 60.12 offers additional sentencing alternatives in qualifying cases. Individuals accused of domestic violence should exercise their right to remain silent, avoid all contact with the complainant, preserve evidence including text messages and communications, and contact a criminal defense attorney immediately. For those facing these charges in the Bronx, early legal representation can make a significant difference in the outcome.

About the Law Offices of David Mejia Colgan, Esq.:

The Law Offices of David Mejia Colgan, Esq. is a Bronx-based criminal defense practice serving clients throughout the Bronx and surrounding boroughs. Led by attorney David Mejia Colgan, who spent more than 30 years in criminal law including service as an Assistant District Attorney in the Bronx County District Attorney’s Office handling domestic violence and serious felony prosecutions, the firm is located at 910 Grand Concourse, Suite 1F. Attorney Mejia Colgan is fluent in Spanish. For consultations, call (718) 484-8820.

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Email: david.m.colgan@gmail.com

Website: https://dmclawny.com/

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Company Name: David Mejia Colgan, Esq.
Contact Person: David Mejia Colgan
Email: Send Email
Phone: (718) 484-8820
Address:910 Grand Concourse Suite 1F
City: Bronx
State: NY 10451
Country: United States
Website: https://dmclawny.com/