Third-degree assault under New York Penal Law § 120.00 is a Class A misdemeanor that carries up to 364 days in jail, three years of probation, and fines up to $1,000. However, when the charge arises from a domestic violence incident, the consequences extend well beyond the criminal penalties. You may also face an order of protection, restrictions on where you can live, potential impacts on child custody, and long-term damage to your employment and immigration status.
At the office of Bronx criminal defense attorney David Mejia Colgan, Esq., clients facing domestic violence assault charges receive direct, personal representation from an attorney with over 30 years of experience in New York criminal courts. As a former Assistant District Attorney, David Mejia Colgan understands how prosecutors in the Bronx build these cases and how they can be challenged. His domestic violence defense practice covers every stage of the criminal process, from arraignment through trial.
This guide explains what third-degree assault means under New York law, how domestic violence charges are handled differently in the Bronx, what penalties you may face, how orders of protection work, what defenses may apply, and what steps to take if you have been arrested.
If you are facing a domestic violence assault charge in the Bronx, do not wait to protect your rights. Call (718) 484-8820 now to speak directly with David Mejia Colgan, Esq. and get experienced legal representation on your side.
What Does New York Penal Law § 120.00 Actually Say?
Under New York Penal Law § 120.00, a person is guilty of assault in the third degree in one of three ways. First, you can be charged if you intentionally cause physical injury to another person. Second, the charge applies if you recklessly cause physical injury to someone. Third, you can face charges if you cause physical injury through criminal negligence while using a deadly weapon or dangerous instrument.
“Physical injury” has a specific legal meaning in New York. Under New York Penal Law § 10.00(9), physical injury means impairment of physical condition or substantial pain. This does not require broken bones or hospitalization. Bruising, swelling, cuts, or even sustained pain without visible marks can meet the legal definition.
The distinction between the three subsections matters because each requires a different mental state. Intentional assault under § 120.00(1) means it was your goal to cause injury. Reckless assault under § 120.00(2) means you were aware of a substantial risk and consciously disregarded it. Criminal negligence under § 120.00(3) requires both a failure to perceive a substantial risk and the use of a dangerous instrument. Your defense attorney can evaluate which subsection applies and whether the prosecution can prove the required mental state.
Key Takeaway: Third-degree assault under NY Penal Law § 120.00 is a Class A misdemeanor with three distinct theories of liability: intentional, reckless, or criminally negligent conduct with a dangerous instrument. Each theory requires a different level of proof from the prosecution.
How Are Domestic Violence Assault Cases Different in the Bronx?
When a third-degree assault charge involves a family or household member, the case enters a separate track within the court system. New York Criminal Procedure Law (CPL) § 530.11 defines “family offense” matters and establishes specific procedures that apply to these cases. The relationship between the accused and the complainant determines whether the case qualifies as domestic violence.
Under New York law, domestic violence applies when the accused and the complainant are current or former spouses, share a child in common, are related by blood or marriage, or are in or were in an intimate relationship. This broad definition means that accusations from a dating partner, a former partner, or a family member can all trigger domestic violence procedures.
In the Bronx, domestic violence cases are prosecuted by the Bronx County District Attorney’s Office Domestic Violence Bureau, located at 198 East 161st Street. This specialized bureau works closely with advocates co-located at the Bronx Family Justice Center on the same block. Because the bureau focuses exclusively on intimate partner violence, prosecutors in these cases typically have specialized training and dedicated resources for case development.
Cases involving both criminal charges and family court proceedings may be referred to the Bronx Integrated Domestic Violence (IDV) Court. The IDV Court uses a “one family, one judge” model so that a single judge handles the criminal case, any family court petitions, and related matrimonial issues together. This coordination means that what happens in your criminal case can directly affect custody, visitation, and divorce proceedings.
Key Takeaway: Domestic violence assault charges in the Bronx are handled by a specialized prosecution bureau and may be heard in an Integrated Domestic Violence Court. The case can simultaneously affect your criminal record, custody rights, and family court proceedings.
What Are the Penalties for Third-Degree Assault in a Domestic Violence Case?
Third-degree assault is a Class A misdemeanor under New York law. The penalties can include a combination of criminal sanctions and conditions that affect your daily life for years.
| Penalty | Details |
|---|---|
| Jail time | Up to 364 days |
| Probation | Up to 3 years |
| Fine | Up to $1,000 |
| Mandatory surcharge | $175 |
| Crime victim assistance fee | $25 |
| Order of protection | Temporary or final, lasting up to 5 years after conviction |
| Anger management/counseling | Court may mandate completion |
| Community service | Hours set by the judge |
| Criminal record | Permanent, but may be sealed in New York |
Beyond the courtroom penalties, a conviction for domestic violence assault can affect many other areas of your life. Professional licensing boards for healthcare workers, teachers, attorneys, and other regulated professionals may take disciplinary action. Employers who conduct background checks will see the conviction. Immigration consequences can be severe because crimes involving domestic violence may trigger deportation proceedings or bar eligibility for certain visa categories.
If you hold a firearms license, a misdemeanor conviction for a crime of domestic violence will result in the loss of your right to possess firearms under both federal and New York law. This applies even though third-degree assault is a misdemeanor, not a felony.
Key Takeaway: A conviction for third-degree assault in a domestic violence case carries up to 364 days in jail, up to three years of probation, fines, a criminal record, and collateral consequences affecting employment, professional licenses, immigration status, and firearm rights.
What Is an Order of Protection and How Does It Affect Your Case?
An order of protection is a court order that restricts the defendant’s contact with the complainant. In domestic violence cases prosecuted in Bronx Criminal Court at 215 East 161st Street, the judge will typically issue a temporary order of protection at your arraignment, often before you have had a chance to speak with an attorney.
Under CPL § 530.12, criminal courts can issue either a full or a limited order of protection. A full order prohibits all contact with the complainant, including phone calls, text messages, emails, social media contact, and communication through third parties. A limited order permits normal, non-threatening contact but prohibits any assaultive, harassing, or threatening behavior.
In many Bronx domestic violence cases, the court issues a full order at arraignment as a default. This can have immediate practical consequences. If you live with the complainant, a full order effectively removes you from your home. If you have children together, a full order can prevent you from seeing your children until the order is modified or a family court arrangement is put in place.
Violating an order of protection is a separate criminal offense. Criminal contempt in the second degree under New York Penal Law § 215.50 is a Class A misdemeanor. If you have a prior conviction for violating an order within the past five years, or if the violation involves physical contact, the charge can be elevated to criminal contempt in the first degree under Penal Law § 215.51, which is a Class E felony carrying up to four years in state prison. Even if the complainant initiates contact with you, responding can result in your arrest for contempt.
Key Takeaway: Orders of protection are standard in Bronx domestic violence cases and are often issued as full no-contact orders at arraignment. Violating the order, even if the complainant initiates contact, is a separate crime that can carry felony penalties.
What Happens After an Arrest for Domestic Violence Assault in the Bronx?
After an arrest for a domestic violence-related assault in the Bronx, you will typically be taken to Central Booking and held until your arraignment at Bronx Criminal Court. Arraignment generally occurs within 24 hours of arrest, though weekend and holiday arrests may result in longer waits.
At arraignment, several important things happen at once. The judge will read the charges, set bail or release conditions, and issue a temporary order of protection. Under New York’s bail reform laws, most misdemeanor charges, including third-degree assault, qualify for release without bail. However, the judge retains discretion to set conditions, and the prosecutor may argue for additional restrictions in domestic violence cases.
After the arraignment, the case enters the discovery phase. Under New York’s discovery reform, enacted through CPL Article 245, the prosecution must turn over all evidence within a specific timeframe. This includes police body camera footage, 911 call recordings, witness statements, photographs of injuries, and medical records. Your attorney can review this material to assess the strength of the prosecution’s case and identify potential weaknesses.
The case will be scheduled for future court appearances in the domestic violence parts at Bronx Criminal Court. If the case is not resolved through a plea agreement, dismissal, or diversion program, it may proceed to trial.
Key Takeaway: After a domestic violence arrest in the Bronx, you will be arraigned within approximately 24 hours, where the judge will set release conditions and issue an order of protection. Discovery reform requires the prosecution to share evidence early, which your attorney can use to evaluate defenses.
Criminal Defense Attorney in the Bronx – David Mejia Colgan, Esq.
David Mejia Colgan, Esq.
David Mejia Colgan, Esq., is a Bronx-based criminal defense attorney and former Assistant District Attorney with over 30 years of experience in criminal law. After graduating from New York University School of Law in 1998, he began his career at the Bronx County District Attorney’s Office, where he worked in the domestic violence and sex crimes bureaus, prosecuted serious felony matters including homicides, and tried numerous misdemeanor and felony cases. He gained additional trial experience through internships with the Kings County District Attorney’s Office Homicide Bureau and the Legal Aid Society’s Criminal Appeals Bureau.
Since entering private practice in 2005, Mr. Colgan has represented hundreds of clients in criminal investigations, trials, appeals, and post-conviction proceedings in state and federal courts throughout New York. He regularly appears in local, city, county, and supreme courts across the five boroughs and surrounding counties. Fluent in Spanish, he is known for providing direct, personal representation. He is admitted to practice in New York State and the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York.
What Defenses Can Apply to a Third-Degree Assault Charge?
Several defenses may apply to a domestic violence assault charge, depending on the specific facts. An experienced defense attorney can evaluate the evidence and determine which strategy is most appropriate for your situation.
Can You Claim Self-Defense?
New York Penal Law § 35.15 permits the use of reasonable physical force when you reasonably believe it is necessary to defend yourself from the imminent use of physical force by another person. In domestic violence cases, self-defense can be particularly relevant when both parties were involved in a physical altercation. Your attorney may present evidence such as your own injuries, witness testimony, or inconsistencies in the complainant’s account to support this defense.
What If the Injury Does Not Meet the Legal Standard?
The prosecution must prove that the complainant suffered a “physical injury” as defined by New York law, meaning impairment of physical condition or substantial pain. If the evidence shows only minor, momentary discomfort rather than substantial pain, the charge may not be sustainable. Medical records, photographs, and the complainant’s own statements about the level of pain can all be relevant to this analysis.
What About False or Exaggerated Accusations?
Domestic violence cases often arise in the context of relationship conflict, custody disputes, or separation. In some situations, accusations may be exaggerated or fabricated. Your attorney can investigate the circumstances surrounding the complaint, examine the complainant’s motives, look for inconsistencies in their statements, and gather evidence that undermines the allegations.
Can the Charge Be Reduced or Dismissed?
In some cases, the prosecution may agree to reduce the charge to a non-criminal violation such as harassment in the second degree or disorderly conduct. An Adjournment in Contemplation of Dismissal (ACD) is another possible outcome, where the case is adjourned for a set period and then dismissed if you stay out of trouble. These outcomes avoid a criminal conviction and its associated consequences.
Key Takeaway: Common defenses to third-degree assault in domestic violence cases include self-defense, challenging whether the injury meets the legal standard of “physical injury,” and investigating false or exaggerated accusations. Plea negotiations may also lead to reduced charges or an ACD.
What Should You Do If You Have Been Arrested?
If you have been arrested for domestic violence assault in the Bronx, taking the right steps early can significantly affect the outcome of your case. The following actions may help protect your rights:
- Exercise your right to remain silent. Do not make statements to the police about the incident without an attorney present.
- Contact a criminal defense attorney before your arraignment if possible. An attorney can advocate for your release conditions and argue against a full order of protection.
- Comply fully with any order of protection issued by the court. Do not contact the complainant, even if they reach out to you first.
- Document your own injuries, if any, by taking photographs and seeking medical attention.
- Preserve any evidence that may support your defense, including text messages, voicemails, emails, and the names of potential witnesses.
- If children are involved, consult with your attorney about how to address custody and visitation while the order of protection is in effect.
Failing to comply with an order of protection, even unintentionally, can result in additional criminal charges and undermine your defense in the original case.
Key Takeaway: After a domestic violence arrest, exercise your right to silence, retain an attorney before arraignment, comply strictly with any order of protection, and preserve all evidence that may support your defense.
Get Help from an Experienced Bronx Domestic Violence Attorney
Being accused of assault in a domestic violence case can affect every part of your life, from your freedom and your home to your relationship with your children. The criminal justice system moves quickly in these cases, and the decisions made at arraignment, including the type of order of protection, can shape what happens for months or years.
Bronx criminal defense attorney David Mejia Colgan has handled domestic violence cases in Bronx Criminal Court and the Bronx IDV Court for over 30 years. As a former prosecutor in the Bronx County District Attorney’s Office Domestic Violence and Sex Crimes Bureau, he understands the strategies prosecutors use and how to challenge their evidence effectively. Domestic violence defense clients work directly with David from the first consultation through the resolution of the case.
Call David Mejia Colgan, Esq. at (718) 484-8820 for a free consultation. His office is located at 910 Grand Concourse, Suite 1F, in the Bronx, with an additional office in Westchester County. He serves clients throughout New York City and New York State, and consultations are available in English and Spanish.
