Stalking charges in Bronx domestic violence cases can change the course of a life overnight. A single accusation from a current or former partner can lead to arrest, an immediate order of protection, and criminal proceedings that affect your housing, your job, and your relationship with your children. New York treats stalking as a serious offense, and when the case involves a domestic relationship, the Bronx County Criminal Court and the Bronx County Integrated Domestic Violence Court apply heightened scrutiny at every stage.
David Mejia Colgan, Esq. is a Bronx domestic violence attorney who has spent more than 30 years handling criminal and domestic violence cases throughout New York City and New York State. During his years as a former Bronx Assistant District Attorney, he prosecuted felony domestic violence and sex crimes cases, giving him direct insight into how the prosecution builds these charges and where those cases are most vulnerable. Today, he represents Bronx residents facing stalking allegations in both criminal court and family court proceedings.
This guide explains how New York defines stalking in domestic violence cases, the four degrees of stalking charges and their penalties, how cases move through the Bronx court system, common defense strategies, the role of orders of protection, collateral consequences of a conviction, and what to do after an arrest. Call criminal defense attorney David Mejia Colgan at (718) 484-8820 for a free consultation about your case.
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Stalking in New York is defined under New York Penal Law Sections 120.45 through 120.60. A person commits stalking when they intentionally engage in a course of conduct directed at a specific person, for no legitimate purpose, that causes fear of physical harm, emotional distress, or threats to employment. When the alleged victim is a spouse, former partner, co-parent, family member, or someone with whom the accused has a domestic relationship, the case is treated as domestic violence.
New York does not have a single crime called “domestic violence.” Instead, domestic violence describes criminal conduct that occurs between people in a qualifying relationship. Stalking is one of the most common offenses charged in this context, alongside assault, harassment, menacing, and criminal contempt.
The critical legal element in any stalking case is “course of conduct,” meaning a pattern of behavior rather than a single act. Under Penal Law Section 120.40, the prosecution must prove that the accused engaged in repeated actions, such as following, calling, texting, emailing, appearing at a workplace, or tracking someone through GPS or other electronic means, and that the accused knew or should have known these actions would cause fear or harm.
If you have been accused of stalking someone in your household or a former partner, contact David Mejia Colgan at (718) 484-8820 to discuss your defense options.
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New York charges stalking into four degrees, ranging from a Class B misdemeanor to a Class D felony. Each degree carries increasingly severe penalties, and the specific charge depends on factors such as the nature of the conduct, whether a weapon was involved, whether the victim suffered physical injury, and whether the accused has prior convictions.
Fourth degree stalking is a Class B misdemeanor (the lowest level stalking offense). A person is guilty when they intentionally and without legitimate purpose engage in a course of conduct directed at another person that:
The maximum penalty is 90 days in jail and a fine of up to $500. “Following” under this statute includes unauthorized GPS tracking.
Third degree stalking is a Class A misdemeanor. This charge applies when a person commits fourth degree stalking against three or more people on separate occasions, has a prior conviction for a specified predicate crime within the last 10 years, or engages in conduct likely to cause fear of physical injury, sexual assault, kidnapping, or death. The maximum penalty is 364 days in jail and a fine of up to $1,000.
Second degree stalking is a Class E felony. This charge involves the same conduct as third degree stalking but with the additional element of displaying a weapon, having a prior conviction for a predicate sex offense within five years, or targeting 10 or more people. The maximum sentence is four years in state prison and a fine of up to $5,000.
First degree stalking is a Class D felony, the most serious stalking offense. This charge applies when a person commits stalking conduct and also causes physical injury to the victim or commits a sexual offense during the stalking behavior. The maximum sentence is seven years in state prison. Because first degree stalking is a violent felony, a mandatory minimum prison sentence of two years applies even for defendants with no prior felony record.
| Degree | Penal Law Section | Classification | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|---|
| Fourth | 120.45 | Class B Misdemeanor | 90 days | $500 |
| Third | 120.50 | Class A Misdemeanor | 364 days | $1,000 |
| Second | 120.55 | Class E Felony | 4 years | $5,000 |
| First | 120.60 | Class D Felony | 7 years | $5,000 |
David Mejia Colgan has defended clients facing misdemeanor and felony stalking charges in Bronx courtrooms. Call (718) 484-8820 for a consultation and to learn more the specific charges against you.
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David Mejia Colgan is a graduate of New York University School of Law (J.D., 1998) and Lafayette College (B.A., 1993). After law school, he began his career as an Assistant District Attorney in the Bronx County District Attorney’s Office, where he worked in the domestic violence and sex crimes bureaus, prosecuted homicides and serious felonies, and tried numerous misdemeanor and felony cases. Before becoming a prosecutor, he gained trial experience as a legal intern in the Kings County District Attorney’s Office Homicide Bureau and the Legal Aid Society’s Criminal Appeals Bureau.
Since 2005, David Mejia Colgan has focused his practice on criminal defense, family law, and matrimonial matters. He is admitted to the New York State Bar (1999) and the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York. Fluent in Spanish, he works closely with the Bronx’s Spanish-speaking communities and is recognized for his strong Avvo rating and numerous positive client reviews. He represents clients in local, city, county, state, and federal courts throughout New York.
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Stalking cases involving a domestic relationship follow a specific path through the Bronx court system.
After an arrest for stalking in a domestic violence case, the accused is typically arraigned at the Bronx County Criminal Court at 265 East 161st Street.
At arraignment, the judge reviews the charges, sets bail or release conditions, and almost always issues a Temporary Order of Protection (TOP) in favor of the alleged victim. The prosecution will request either a “stay away” order (no contact at all) or a “refrain from” order (limited contact but no threatening or harassing behavior).
In domestic violence cases, prosecutors often request a stay-away order, and the judge decides the terms of any temporary order of protection.
If the parties involved have both criminal charges and a pending family court or matrimonial case, the matter may be transferred to the Bronx County Integrated Domestic Violence Court (IDV Court), located in the Bronx Hall of Justice at 265 East 161st Street.
The IDV Court operates under a “one family, one judge” model, meaning one judge oversees the criminal case and any related custody, visitation, or divorce proceedings involving the same people. This structure is designed to produce consistent orders and reduce the number of court appearances. However, it also means a single judge has comprehensive information about the family dynamic, which can affect both criminal and civil outcomes.
The Bronx County District Attorney’s Office prosecutes all criminal domestic violence cases in the borough. The office has a dedicated Domestic Violence Bureau that handles stalking charges alongside assault, criminal contempt, and related offenses. Prosecutors in this bureau typically request full orders of protection, seek bail in felony cases, and push for convictions that include probation or incarceration.
Key Takeaway: Bronx stalking cases involving domestic relationships are processed through specialized courts with dedicated prosecutors. If a family court or divorce case is pending, a single IDV court judge may handle all related matters.
David Mejia Colgan regularly appears in the Bronx Criminal Court, the Bronx IDV Court, and Bronx Family Court. Call (718) 484-8820 to discuss how your case may move through these courts.
Stalking charges are highly fact-specific, and the prosecution must prove every element beyond a reasonable doubt. Several defense strategies may apply depending on the circumstances of your case.
The prosecution must prove that the accused acted intentionally and without a legitimate purpose. If the accused had a valid reason for the contact, such as communicating about shared children, handling a financial obligation, or retrieving personal property, this may negate the required element of “no legitimate purpose.” New York courts have recognized that using reasonable efforts to resolve a legitimate dispute does not amount to stalking.
A single incident of unwanted contact does not constitute stalking. The prosecution must establish a pattern of repeated behavior. If the alleged conduct was isolated or did not form a sustained pattern, the charge may not be supported by the evidence.
The statute requires that the accused’s conduct was “likely to cause reasonable fear.” The standard is objective, meaning the fear must be one that a reasonable person in the alleged victim’s situation would experience. If the conduct, while perhaps annoying or unwanted, would not cause a reasonable person to fear for their safety, the charge may fail.
Key Takeaway: Common defenses to stalking charges include proving a legitimate purpose for the contact, demonstrating the absence of a repeated pattern, challenging the reasonableness of the alleged victim’s fear, and exposing false allegations tied to a custody or divorce dispute.
Contact David Mejia Colgan at (718) 484-8820 to evaluate the facts of your case and identify which defenses may apply.
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An Order of Protection (commonly called a restraining order) is issued in nearly every Bronx stalking case involving a domestic relationship. Understanding the types and consequences of these orders is essential because a violation can result in additional criminal charges.
A Temporary Order of Protection (TOP) is typically issued at arraignment and remains in effect while the criminal case is pending. A Final Order of Protection may be issued at sentencing and can last for several years. In felony cases, a final order can remain in effect for up to eight years. Orders of protection can also be issued separately through Bronx Family Court.
There are two main types of orders:
Violating an order of protection is a separate criminal offense. Under New York Penal Law Section 215.51, Criminal Contempt in the First Degree is a Class E felony punishable by up to four years in prison. Even unintentional or accidental contact, such as being at the same location as the protected person, can lead to an arrest if a stay-away order is in effect.
David Mejia Colgan can advise you on how to comply with an order of protection while preparing your defense. Call (718) 484-8820.
A stalking conviction in New York can carry consequences that extend far beyond the sentence imposed by the court. These collateral consequences can affect virtually every area of your life for years after the case concludes.
These consequences make early and aggressive defense preparation essential. David Mejia Colgan understands the full scope of consequences you face. Call (718) 484-8820 to protect your rights and your future.
The actions you take immediately after a stalking arrest can significantly affect the outcome of your case. If you are able, follow these steps as soon as possible.
Remain calm and comply with police instructions during the arrest. Anything you say to the police can and will be used against you. Exercise your right to remain silent and request to speak with a representative before answering questions or making any statements.
Do not contact the alleged victim. If an order of protection has been issued, any contact, even a text message asking to talk things out, can result in an additional arrest for criminal contempt. This includes indirect contact through friends, family members, or social media.
Document everything you can remember about the alleged events. Write down dates, times, locations, the content of any communications, and the names of any witnesses. Preserve text messages, emails, phone records, and social media messages that may support your defense.
Contact David Mejia Colgan as soon as possible. The earlier you consult a Bronx domestic violence attorney in your case, the more options are available for challenging the charges, contesting the order of protection, and protecting your interests in any related family court proceedings. Call (718) 484-8820 to begin building your defense.
Yes, stalking charges can be reduced or dismissed depending on the facts of the case and the strength of the evidence. Several pathways exist for resolving these cases short of a trial conviction.
Dismissal: If the prosecution cannot prove the elements of the offense beyond a reasonable doubt, or if evidence is suppressed due to a constitutional violation, the charges may be dismissed. In some Bronx domestic violence cases, the alleged victim declines to cooperate with the prosecution, which can weaken the case significantly, although the Bronx District Attorney’s Office has the authority to proceed without the victim’s cooperation.
Adjournment in Contemplation of Dismissal (ACD): Under New York Criminal Procedure Law Section 170.55, the court may adjourn a misdemeanor stalking case for a specified period (typically one year). If the accused is not rearrested during that period, the charges are dismissed and the record is sealed.
Plea to a Lesser Offense: In some cases, the prosecution may agree to reduce a stalking charge to a lesser offense, such as Disorderly Conduct (a violation, not a crime) or Harassment in the Second Degree (also a violation). A violation does not result in a criminal record.
Trial: When the evidence does not support the charges, taking the case to trial and securing an acquittal is a real option. David Mejia Colgan has fought misdemeanor and felony cases to verdict in Bronx courtrooms and has secured dismissals and non-criminal dispositions for clients.
The outcome of your case depends on the specific facts and the quality of the defense. Contact David Mejia Colgan at (718) 484-8820 to discuss your options for resolving the charges against you.
Stalking charges in domestic violence cases often appear alongside related offenses such as harassment and menacing. Understanding the distinctions between these crimes is important because each carries different elements, penalties, and defense strategies.
Harassment in the Second Degree (Penal Law Section 240.26) is a violation (not a criminal offense) that involves conduct intended to annoy, alarm, or harass another person with no legitimate purpose. Unlike stalking, harassment does not require a “course of conduct” and can be based on a single act.
Harassment in the First Degree (Penal Law Section 240.25) is a Class B misdemeanor involving repeated conduct intended to seriously annoy another person that places them in reasonable fear of physical injury.
Menacing in the Third Degree (Penal Law Section 120.15) is a Class B misdemeanor involving conduct that places another person in fear of physical injury. Menacing focuses on threats of imminent harm, while stalking involves a sustained pattern of behavior over time.
In Bronx domestic violence cases, the prosecution frequently charges stalking alongside harassment, menacing, aggravated harassment, and criminal contempt. David Mejia Colgan reviews all charges on a criminal court complaint to identify which offenses the prosecution can actually prove and which should be challenged.
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The Bronx court system takes stalking cases seriously. The consequences of a conviction are lasting. You do not have to face these charges without experienced representation.
David Mejia Colgan has spent more than 30 years handling criminal and domestic violence cases in Bronx courtrooms. As a former Bronx Assistant District Attorney who prosecuted domestic violence and sex crimes cases, he understands how the prosecution builds stalking cases and knows where they are most vulnerable. He appears regularly in the Bronx County Criminal Court, the Bronx Integrated Domestic Violence Court, and Bronx Family Court, and he handles every case personally from start to finish.
Call David Mejia Colgan at (718) 484-8820 to schedule a free consultation. Our office is located at 910 Grand Concourse Suite 1F, Bronx, NY 10451. Attorney Colgan isis available to meet with clients throughout New York City and the surrounding counties, including Westchester, Rockland, Orange, Putnam, Nassau, and Suffolk. Se habla Espanol.
Yes. Under New York Penal Law, repeatedly texting, calling, or emailing someone after being told to stop can constitute stalking if the conduct causes material harm to their mental or emotional health or puts them in reasonable fear of harm. The frequency, content, and context of the messages all factor into whether the conduct rises to the level of a criminal offense.
At arraignment, the judge reviews the charges, hears arguments about bail or release conditions, and typically issues a Temporary Order of Protection. In domestic violence cases, the prosecution almost always requests a full stay-away order. You will be informed of the charges and given a return court date. Having a Bronx domestic violence attorney present at arraignment can make a significant difference in bail and order of protection outcomes.
Yes. A stalking charge, especially one classified as domestic violence, can influence custody and visitation decisions in Bronx Family Court. New York courts consider any history of domestic violence when determining the best interests of the child. An order of protection may also restrict your ability to see your children while the case is ongoing.
New York’s stalking statutes cover electronic conduct, including GPS tracking, social media monitoring, and repeated electronic communications. The 2024 amendments to Penal Law Section 120.45 explicitly include unauthorized tracking through GPS or other electronic devices in the definition of “following.” There is no separate cyberstalking statute, but electronic stalking behavior is prosecuted under the existing stalking framework.
Misdemeanor stalking cases in the Bronx typically last several months to a year, depending on the complexity of the case and the court calendar. Felony stalking cases that proceed to grand jury indictment and trial may take a year or longer. During this time, the Temporary Order of Protection remains in effect, which can have significant practical consequences for your daily life.
