BRONX, NY – A third-degree assault charge under New York Penal Law Section 120.00 is a Class A misdemeanor carrying up to 364 days in jail, three years of probation, and fines up to $1,000, but when the charge arises from a domestic violence incident, the consequences extend far beyond criminal penalties. Bronx domestic violence defense attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/assault-third-degree-pl-120-00-domestic-violence/) is providing guidance on how these charges are prosecuted in the Bronx and the defenses available to those accused.
According to Bronx domestic violence defense attorney David Mejia Colgan, domestic violence assault cases in the Bronx are handled by a specialized prosecution bureau within the Bronx County District Attorney’s Office located at 198 East 161st Street. This dedicated unit works closely with advocates co-located at the Bronx Family Justice Center, and the focused resources mean that prosecutors in these cases typically have specialized training in building intimate partner violence cases. “The Bronx DA’s Domestic Violence Bureau approaches these cases differently than general misdemeanor prosecutions, and defendants need representation that understands those differences,” explains Mejia Colgan.
Bronx domestic violence defense attorney David Mejia Colgan notes that the prosecution must prove one of three theories of liability under Penal Law Section 120.00: that the defendant intentionally caused physical injury, recklessly caused physical injury, or caused physical injury through criminal negligence while using a dangerous instrument. Under New York Penal Law Section 10.00(9), physical injury means impairment of physical condition or substantial pain, a definition that does not require broken bones or hospitalization. Bruising, swelling, cuts, or even sustained pain without visible marks can meet the legal threshold, making the distinction between intentional, reckless, and criminally negligent conduct critical to the defense strategy.
Attorney Mejia Colgan points out that a conviction carries significant collateral consequences including an order of protection lasting up to five years, potential impacts on child custody and visitation, professional licensing disciplinary action for healthcare workers, teachers, and attorneys, and immigration consequences that may trigger deportation proceedings or bar eligibility for certain visa categories. Individuals holding firearms licenses face mandatory loss of the right to possess firearms under both federal law and New York law, even for a misdemeanor conviction involving domestic violence. “Many clients are surprised to learn that a misdemeanor assault conviction can affect their immigration status and their professional licenses for years to come,” he adds.
Several defenses may apply depending on the specific facts of the case. New York Penal Law Section 35.15 permits the use of reasonable physical force in self-defense when a person reasonably believes it is necessary to protect themselves from the imminent use of force by another. In domestic violence cases, self-defense can be particularly relevant when both parties were involved in a physical altercation, and evidence such as the defendant’s own injuries, witness testimony, or inconsistencies in the complainant’s account can support this defense. If the evidence shows only minor, momentary discomfort rather than substantial pain as defined by statute, the charge may not be sustainable.
Cases involving both criminal charges and family court proceedings may be referred to the Bronx Integrated Domestic Violence Court, where a single judge handles the criminal case alongside any family court petitions and related matrimonial matters under a one-family, one-judge model. Under New York’s discovery reform enacted through CPL Article 245, the prosecution must turn over all evidence within a specific timeframe, including police body camera footage, 911 call recordings, witness statements, photographs of injuries, and medical records. Defense counsel can use these materials to identify weaknesses in the prosecution’s case.
“Charge reductions to a non-criminal violation such as harassment in the second degree or an Adjournment in Contemplation of Dismissal are possible outcomes that avoid a criminal conviction and its associated consequences,” observes Mejia Colgan. “Each case requires an individualized assessment of the evidence and the available options.”
After a domestic violence arrest in the Bronx, defendants are typically arraigned within 24 hours at Bronx Criminal Court at 215 East 161st Street, where the judge sets release conditions and issues a temporary order of protection. Under New York’s bail reform laws, most misdemeanor charges qualify for release without bail, but the judge retains discretion to impose additional restrictions. For those facing domestic violence assault charges in the Bronx, contacting a defense attorney before arraignment may help protect release conditions and minimize the impact of a protective order.
About David Mejia Colgan, Esq.:
David Mejia Colgan, Esq. is a former Assistant District Attorney who served in the domestic violence bureau of the Bronx County District Attorney’s Office. With more than 30 years of experience, the firm represents clients facing assault charges, domestic violence cases, and serious felonies throughout Bronx County and New York City. For consultations, call (718) 484-8820.
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City: Bronx
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Website: https://dmclawny.com/