New York Penal Law § 240.75 is New York’s aggravated family offense statute. In Bronx cases, defense often starts with checking whether the present charge, the prior conviction, the timing, and the required family or household relationship all meet the statute. Because a PL § 240.75 charge is a felony, early review of the record can shape arraignment, protection order, and plea or dismissal strategy.
David Mejia Colgan, Esq., brings decades of experience as a criminal defense attorney in the Bronx and across New York. Our team reviews the prosecution’s evidence, challenges weak or unsupported elements, and works to limit the impact of the charge from the earliest stage of the case. From handling the initial arraignment and contesting temporary orders of protection to fighting for a reduction or dismissal, we provide strategic defense at every stage of the process.
This page outlines the critical details of New York’s Aggravated Family Offense statute, including who qualifies as a family member, the specific penalties you could face, and common mistakes to avoid. It also details the legal defenses we use to contest these charges in Bronx courts. Call (718) 484-8820 today for a confidential consultation with a Bronx domestic violence attorney.
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An aggravated family offense under PL § 240.75 is a Class E felony. It can be charged when someone commits a qualifying misdemeanor specified offense and has one or more prior specified offense convictions within the immediately preceding five years. The five-year period can be extended by the time the defendant spent incarcerated between the prior offense and the current offense. The felony upgrade depends on the current charge, the prior record, the timing, and the required family or household relationship.
The charge does not always require more serious conduct than a standard family offense. A person charged with third-degree assault against a qualifying family or household member would normally face a misdemeanor. If that same person has one or more prior specified offense convictions within the required lookback period, the new charge may be prosecuted as a felony.
In this statute, “aggravated” usually means the case involves a qualifying prior conviction. The charge may apply even when the new allegations are similar to conduct that would otherwise be prosecuted as a misdemeanor.
PL § 240.75 applies only if the new misdemeanor and the earlier conviction fit the statute’s list of specified offenses. The prior case must also fall within the five-year period after excluding qualifying incarceration time.
Specified offenses include many offenses, such as:
Disorderly conduct may be a family offense under CPL § 530.11, but it is not listed as a specified offense in PL § 240.75. If either the current offense or the prior conviction does not meet the statute’s requirements, the aggravated charge may not apply.
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The aggravated family offense statute applies only when the required family or household relationship exists. For PL § 240.75, the statute points to the definition in Criminal Procedure Law § 530.11(1). This definition includes people related by blood or marriage, current or former spouses, co-parents, people who are or were in an intimate relationship, and people related by blood or marriage to parties who are or were in an intimate relationship.
Living together does not automatically create a qualifying relationship. For intimate relationships, courts may consider the type of relationship, the frequency of contact, and how long the relationship lasted. Casual acquaintances and ordinary business or social contacts do not qualify.
No. Former spouses, ex-partners, and co-parents who no longer live together still fall within the statute’s reach.
Sometimes, but not based on the shared home alone. A roommate may qualify if the facts show another covered relationship, such as an intimate relationship, marriage or former marriage, co-parent status, or another listed statutory category.
David Mejia Colgan, Esq. earned his Juris Doctor from New York University School of Law in 1998 and his Bachelor of Arts from Lafayette College in 1993, where he was a member of Pi Sigma Alpha, the national political science honor society. He began his legal career as an Assistant District Attorney in the Bronx County District Attorney’s Office, working in the domestic violence and sex crimes bureaus and prosecuting serious felonies, including homicides.
Before that, he served as a legal intern in the Kings County District Attorney’s Office (Homicide Bureau) and the Legal Aid Society’s Criminal Appeals Bureau. He is admitted to practice in New York State and in the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York. Since founding his own practice, David Mejia Colgan has represented hundreds of clients in criminal investigations, trials, appeals, and post-conviction proceedings in both state and federal courts, and is recognized for his strong Avvo rating and numerous positive client reviews.
Fluent in Spanish, he works closely with the Bronx’s diverse communities. His practice focuses on criminal defense, family law, and matrimonial matters, with particular depth in domestic violence, family offense, and weapons cases.
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The prosecution must prove that the defendant was convicted of a prior specified offense within the immediately preceding five years. In calculating that period, the law excludes any time the defendant was incarcerated between the prior offense and the current offense. That means a prior conviction that appears older than five years may still be used if incarceration time extends the lookback period.
The relevant date is the prior conviction date, not the prior arrest date. This timing issue should be checked against the court record and any incarceration history.
Only convictions count toward the five-year lookback. A prior arrest that was dismissed, sealed after dismissal, or resolved through an adjournment in contemplation of dismissal (ACD) does not qualify as a predicate offense. A sealed conviction may still need to be reviewed because New York law treats sealed convictions as convictions in criminal proceedings where the prior conviction enhances a penalty or is an element of the charge.
Out-of-state prior convictions require careful legal review. PL § 240.75 and CPL § 200.63 require proof of a prior specified offense, the required family or household relationship at the time of the prior offense, and the required timing. An attorney should compare the prior conviction record with New York’s specified-offense list and CPL § 530.11 before assuming the prior conviction qualifies.
A conviction under PL § 240.75 is a Class E felony. The sentence depends on the person’s record, the court’s sentencing choice, and any negotiated plea or post-trial sentence. The table below summarizes common sentencing ranges and financial consequences for a New York Class E felony.
| Sentencing Category | Possible Sentence or Consequence |
|---|---|
| Maximum Prison, First-Time Felony Offender | Indeterminate sentence with a maximum term of up to 4 years |
| Minimum Prison, If Indeterminate Prison Is Imposed | At least 1 year and no more than one-third of the maximum term imposed |
| Possible Definite Jail Sentence | In some Class E felony cases, 1 year or less instead of an indeterminate prison sentence |
| Probation | 3, 4, or 5 years |
| Conditional Discharge | 3 years |
| Fine | Up to the greater of $5,000 or double the defendant's gain from the crime |
| Mandatory Surcharge | $300 |
| Crime Victim Assistance Fee | $25 |
| Second Felony Offender | Indeterminate prison sentence required if sentenced as a second felony offender. For a Class E felony, the maximum term is 3 to 4 years, and the minimum is one-half of the maximum term imposed. |
A felony conviction under PL § 240.75 carries consequences beyond the courtroom, and understanding them before resolving your case is essential:
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To secure a conviction under PL § 240.75, the prosecution must prove every element beyond a reasonable doubt. That includes the new qualifying misdemeanor specified offense, at least one prior specified-offense conviction within the statutory period, and the family or household relationship required by CPL § 530.11. CPL § 200.63 also requires special information addressing the prior conviction, the relationship element when required, and the timing requirement. Each element can be challenged.
The Bronx District Attorney’s Office has a Domestic Violence Bureau within its Special Victims Division. The Bureau focuses on intimate partner violence and works with advocates while prosecuting cases involving domestic violence. In aggravated family offense cases, prosecutors may rely on evidence such as:
Several defenses can apply to a PL § 240.75 charge. Effective defense often involves challenging the legal elements of the charge itself, not just the underlying conduct.
If the defendant was not represented by counsel during the prior case, or if the prior plea was not knowing and voluntary, the conviction may be subject to challenge. Errors in court records, misidentified case dispositions, or a prior conviction that falls outside the five-year window can all undermine the aggravated charge.
If the complaining witness does not meet the statutory definition of a family or household member under CPL § 530.11, the aggravated family offense charge cannot stand. The prosecution may still pursue a lesser charge if the underlying conduct otherwise supports it.
Self-defense may apply when the defendant acted to protect themselves from imminent harm. The defense may also investigate whether the allegation is unsupported, inconsistent, exaggerated, or affected by a related custody dispute, divorce, or personal conflict. Some qualifying offenses require proof of specific intent, and a lack of intent can be a defense in the right case.
Key Takeaway: A PL § 240.75 defense often begins with paperwork like the prior conviction, the relationship proof, and the evidence supporting the new misdemeanor. A factual defense may also be available depending on the specific circumstances of the case.
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Orders of protection are common in family offense and domestic violence cases in the Bronx, and they may be requested at arraignment before the defendant has had a full chance to contest the charges. Under CPL § 530.12, the court may issue a temporary order of protection in a pending criminal case involving covered family or household relationships. The order may be a full stay-away order or a limited order that allows peaceful contact but prohibits threatening behavior.
Violating an order of protection can lead to a separate criminal contempt charge. Depending on the facts and the person’s record, it may be charged as criminal contempt in the second degree under PL § 215.50, criminal contempt in the first degree under PL § 215.51, or aggravated criminal contempt under PL § 215.52. Even contact initiated by the protected person can create risk for the defendant because the order binds the defendant, not the other party. Only the court can modify or lift the order.
A defendant or their attorney can apply to the court to modify or vacate an order of protection under Criminal Procedure Law § 530.12. The judge will consider the nature of the charges, any history of violations, the wishes of the complaining witness, and the overall circumstances.
Key Takeaway: A temporary order of protection can affect daily contact, housing, parenting, and communication while the criminal case is pending. A defendant should follow the order unless and until the court changes it.
Criminal cases in the Bronx are strictly bound by New York legal procedures. Certain actions taken after an arrest can unintentionally complicate a defense or give the prosecution additional evidence. Being familiar with these common errors is a vital part of protecting your rights.
Reaching out to the complaining witness, directly or through a third party, can result in an additional criminal charge if an order of protection prohibits contact. It can also give prosecutors new evidence to use in the case. Defendants should follow the order exactly and speak with their attorney before taking any action involving the protected person.
In New York, the Bronx District Attorney’s Office decides whether to proceed with charges. Even when the complaining witness does not want to cooperate, prosecutors can move forward using other evidence.
Anything you say to police can be used against you. Invoke your right to remain silent and request an attorney immediately after an arrest.
A prior misdemeanor conviction that may seem minor can be the predicate that transforms a new charge into a felony. Reviewing your criminal history with an attorney early in the process is essential.
Aggravated family offense cases in the Bronx follow a specific legal sequence under New York State law. Because these charges are classified as felonies, they involve distinct procedural steps from the initial court appearance through potential trial stages. Knowing how these cases are processed within the Bronx court system is essential for developing a legal strategy.
Arraignment typically occurs within 24 to 48 hours of arrest at Bronx Criminal Court, located in the Bronx Hall of Justice at 265 East 161st Street. The judge sets bail or release conditions, issues an order of protection, and formally presents the charges. Having counsel present at this stage is critical.
Because PL § 240.75 is a felony, the prosecution may present the case to a grand jury unless the charge is reduced or dismissed first, or unless the defendant waives indictment and proceeds by superior court information. If a grand jury returns an indictment, the case proceeds in Bronx Supreme Court for motions, hearings, plea negotiations, and trial.
Key Takeaway: Early decisions at arraignment and before grand jury review can affect bail or release conditions, protection-order terms, and defense strategy.
Yes. Successful defense strategies frequently result in charges being reduced to a standard misdemeanor or dismissed entirely.
An Adjournment in Contemplation of Dismissal (ACD) is not directly available for felony charges. However, if your attorney successfully negotiates a reduction to a misdemeanor or moves the case to a local criminal court instrument (such as a misdemeanor complaint or information), an ACD may become a viable option with the required consent of the prosecutor.
Dismissals are most achievable when the DA lacks independent corroborating evidence, when the predicate prior conviction is proven invalid, or when your constitutional rights were violated during your arrest. During plea bargaining, factors like the strength of the state’s case, your background, and the victim’s position will dictate the terms of any reduced options.
David Mejia Colgan, Esq. represents clients facing aggravated family offense charges and other criminal matters throughout the Bronx and across New York City. Our office at 910 Grand Concourse, Suite 1F, Bronx, NY 10451 is conveniently located near Bronx Criminal Court and the Bronx Hall of Justice.
We serve clients in communities throughout the Bronx, including Fordham, Kingsbridge, Mott Haven, Hunts Point, Tremont, Soundview, Pelham Bay, Riverdale, and Williamsbridge. We also represent clients in Westchester County and other surrounding jurisdictions.
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An aggravated family offense charge in the Bronx is serious. A felony conviction under PL § 240.75 can result in prison time, a felony record, and consequences that affect many parts of your life.
David Mejia Colgan has over 25 years of criminal-law experience, including work as a Bronx Assistant District Attorney and defense work after leaving the Bronx County DA’s Office in 2005. He has handled domestic violence and family offense matters in the Bronx and builds defense strategies around the specific evidence in each case.
Call David Mejia Colgan, Esq. at (718) 484-8820 for a confidential consultation.
A family offense involves conduct tied to a covered family or household relationship. PL § 240.75 is the felony version that may apply when the new misdemeanor is on the statute’s specified-offense list and the defendant has a qualifying prior conviction from the statutory time period. The issue usually turns on the charge, the prior record, timing, and the relationship.
Yes. Through plea negotiations or successful pretrial motions, a felony charge under PL § 240.75 can sometimes be reduced. The likelihood depends on the evidence, the defendant’s record, and the defense strategy employed by your attorney.
Not necessarily. Prosecutors may try to move forward with other admissible evidence, such as 911 recordings, body camera footage, photographs, medical records, officer testimony, or other witness testimony. Whether the case can proceed without the complaining witness depends on the evidence and the rules that apply in court.
An older prior conviction may not support PL § 240.75 unless the law’s incarceration-time rule brings it back within the usable period. The new case may still move forward on the underlying misdemeanor or another supported charge.
A court can change or remove an order of protection, but the defendant cannot do it privately with the protected person. The request must be made through a formal court application, and the judge decides after reviewing the facts and safety concerns.
A felony conviction under PL § 240.75 can have serious immigration consequences, including potential deportation for non-citizens. Discuss this issue with your attorney immediately, before any plea is entered or any resolution is reached.
Felony cases in the Bronx Criminal Court and Bronx Supreme Court can last anywhere from a few months to more than a year. The amount of time depends on the details of the case, the legal motions filed, and whether the case goes to trial. Hiring a lawyer early can help protect your rights, point out legal problems, and avoid mistakes as your case moves forward.
