BRONX, NY – Domestic violence assault arrests in the Bronx often happen quickly, frequently based on a single account, and can carry consequences ranging from jail time to immigration removal and loss of firearm rights. Bronx criminal defense attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/bronx-domestic-violence-attorney/assault-charges/) explains how the Bronx District Attorney’s Office prosecutes these cases under New York Penal Law Article 120 and what defendants may face after an arrest.

According to Bronx criminal defense attorney David Mejia Colgan, “domestic violence assault” is not a standalone offense in New York. It is an assault charge under Penal Law § 120.00, § 120.05, or § 120.10 that carries a domestic violence designation when the alleged victim qualifies as a family or household member under Criminal Procedure Law § 530.11. “The label changes how the case is processed from the first moments after arrest,” Colgan explains. “It triggers mandatory arrest policies, often results in a temporary order of protection, and can lead to handling in a specialized domestic violence or Integrated Domestic Violence court.”

Bronx criminal defense attorney David Mejia Colgan notes that the assault statutes apply across a wide range of conduct. Assault in the Third Degree under PL § 120.00 is a Class A misdemeanor punishable by up to 364 days in jail, probation, fines, and a mandatory batterer’s intervention program. Assault in the Second Degree under PL § 120.05 is a Class D violent felony carrying a state prison sentence of 2 to 7 years for a non-predicate felon. Assault in the First Degree under PL § 120.10 is a Class B violent felony with a sentencing range of 5 to 25 years in state prison.

Colgan adds that several factors can elevate a Bronx assault charge from a misdemeanor to a felony. Allegations of serious physical injury, use of a weapon or dangerous instrument, prior domestic violence convictions, strangulation under Penal Law Article 121, or an alleged victim under 11 years old can all support a felony upgrade. “Prosecutors look for these aggravating circumstances from the moment a complaint is filed,” he notes.

The firm also represents non-citizens facing domestic violence allegations, where the consequences extend well beyond the criminal courtroom. Under 18 U.S.C. § 922(g)(9), anyone convicted of a qualifying misdemeanor crime of domestic violence is permanently barred from possessing firearms under federal law. For non-citizens, a domestic violence conviction can trigger deportation proceedings under 8 U.S.C. § 1227(a)(2)(E), even when the underlying conviction is a misdemeanor.

Attorney Colgan emphasizes that the decision to prosecute belongs to the Bronx District Attorney’s Office, not the complainant. “The Bronx DA’s Office can and routinely does proceed without the complainant’s cooperation, using 911 recordings, photographs, body camera footage, medical records, and statements taken at the scene,” he points out. “Defendants who assume the case will be dropped because the complainant changes their mind are taking a serious risk.”

Common defenses to domestic violence assault charges include false allegations arising during contested divorces or custody disputes, the prosecution’s inability to prove physical injury as defined by statute, self-defense under PL § 35.15, misidentification, and suppression of evidence obtained through unlawful search or in violation of Miranda. Attorney Colgan handles these matters in Bronx Criminal Court, Bronx Supreme Court, and the Bronx Integrated Domestic Violence Court.

For those facing domestic violence assault allegations in the Bronx, contacting an experienced criminal defense attorney early can help preserve constitutional rights, evaluate the strength of the prosecution’s evidence, and identify potential defenses before key decisions are made.

About David Mejia Colgan, Esq.:

David Mejia Colgan, Esq. is a Bronx-based criminal defense practice focused on representing individuals charged with violent crimes and domestic violence offenses. A former prosecutor in the Bronx County District Attorney’s Office, attorney David Mejia Colgan brings more than 30 years of criminal law experience to clients throughout the Bronx and across New York City. The office is located at 910 Grand Concourse, Suite 1F. For consultations, call (718) 484-8820.

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