Domestic violence assault arrests frequently occur abruptly, often based entirely on one individual’s account. In many instances, the accused has no opportunity to provide their perspective before being taken into custody at the local precinct. Under New York law, these incidents are strictly classified as criminal matters. The Bronx District Attorney’s Office pursues these cases aggressively, routinely proceeding with the prosecution even if the complaining witness later requests that the charges be dropped. Ultimately, the specific offenses listed on the criminal complaint will dictate the severity of the potential penalties involved.
David Mejia Colgan, Esq. has spent more than 30 years handling criminal defense matters in the Bronx, including years as a former prosecutor in the Bronx County DA’s Office. His practice focuses on defending people facing charges for violent crimes and domestic violence offenses across Bronx courtrooms. A conviction can lead to jail or prison time, orders of protection that remove someone from their home, mandatory programs, and immigration consequences for non-citizens. As a Bronx domestic violence lawyer, David’s experience gives him direct insight into how these cases are built, prosecuted, and challenged.
From the moment of arrest through arraignment, pretrial motions, and trial, the prosecution is building its case. Having an experienced Bronx domestic violence defense attorney in your corner from the earliest possible moment can mean the difference between a conviction and a dismissal. If you or someone you know is facing domestic violence assault charges in the Bronx, the time to act is now. Contact us today at (718) 484-8820 for a free consultation.
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“Domestic violence assault” is not a standalone criminal charge in New York. It is an assault charge under Penal Law Article 120 that carries a domestic violence designation when the alleged victim has a qualifying relationship with the accused. That designation changes nearly everything about how the case is processed, from mandatory arrest policies to specialized court handling.
The assault statutes, PL § 120.00, PL § 120.05, and PL § 120.10, define the underlying crime. The domestic violence label is triggered when the complainant qualifies as a family or household member under Criminal Procedure Law § 530.11.
Under Criminal Procedure Law § 530.11, a case gets a domestic violence label when the accuser and the accused have one of these relationships:
You do not need to be married to or living with someone for the case to qualify, and the definition is applied broadly by Bronx prosecutors.
The label is a charging flag, not a separate crime. The Bronx DA’s Office adds this designation based on the relationship between the parties. Once applied, it can affect arrest decisions under CPL § 140.10, often leads prosecutors to request a temporary order of protection, and may lead to specialized domestic violence or IDV court handling.
Key Takeaway: In New York, “domestic violence assault” is not its own crime. It is an assault charge under Penal Law Article 120 that carries a domestic violence designation when the alleged victim has a qualifying relationship with the accused, and that designation changes almost everything about how the case is handled.
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Assault in the Third Degree under PL § 120.00 is the most common assault charge in Bronx domestic violence cases. It is a Class A misdemeanor. A person can be charged for intentionally causing physical injury, recklessly causing physical injury, or causing physical injury through criminal negligence with a deadly weapon or dangerous instrument. “Physical injury” means impairment of physical condition or substantial pain, a lower threshold than most people assume.
A conviction for third-degree assault in a domestic violence case carries the following potential consequences, all of which can have lasting effects on your daily life:
Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is permanently barred from possessing firearms. For non-citizens in the Bronx, a domestic violence conviction can trigger deportation proceedings under 8 U.S.C. § 1227(a)(2)(E). The conviction also creates a permanent criminal record affecting professional licensing, employment, and housing.
Key Takeaway: A third-degree assault conviction in a domestic violence case is a misdemeanor in name only. Federal law permanently bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms, and the immigration consequences can be severe for non-citizens in the Bronx.
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Assault in the Second Degree under PL § 120.05 is a Class D violent felony. This charge covers causing serious physical injury intentionally, using a deadly weapon or dangerous instrument, intending to disfigure, injuring a child under 11, or causing injury during the commission of a felony. Domestic violence cases are frequently upgraded from third to second degree based on the severity of alleged injuries.
Several factors can elevate a Bronx DV assault from a misdemeanor to a felony, and prosecutors look for these circumstances from the moment a complaint is filed:
Because second-degree assault is classified as a violent felony, it carries a mandatory state prison sentence. A non-predicate felon faces 2 to 7 years in state prison. The case is heard in the Bronx Supreme Court. Additional consequences include mandatory surcharges, post-release supervision of 1.5 to 3 years, and an order of protection lasting up to 8 years.
Key Takeaway: Second-degree assault under PL § 120.05 is a violent felony. A conviction carries a mandatory prison sentence, years of post-release supervision, and a permanent felony record, making early, aggressive legal defense critical from the moment of arrest.
Assault in the First Degree under PL § 120.10 is a Class B violent felony and among the most serious assault charges in New York’s Penal Law. A person can be charged for causing serious physical injury with a deadly weapon, permanently disfiguring another person, destroying or amputating a body part, or acting under circumstances evincing a depraved indifference to human life. In severe domestic violence incidents, first-degree assault often accompanies attempted murder charges.
A non-predicate felon convicted of first-degree assault faces 5 to 25 years in state prison under mandatory determinate sentencing. The case is tried in the Bronx Supreme Court. Additional consequences include an order of protection lasting up to 8 years, loss of voting rights during incarceration, and near-certain deportation for non-citizens.
Key Takeaway: First-degree assault is among the most serious charges in New York’s Penal Law. In domestic violence cases, it often accompanies attempted murder charges and can result in decades in state prison.
| Charge | Statute | Classification | Max Incarceration | Order of Protection | Court |
|---|---|---|---|---|---|
| Assault 3rd Degree | PL § 120.00 | Class A Misdemeanor | Up to 364 days in jail | Up to 5 years | Bronx Criminal Court |
| Assault 2nd Degree | PL § 120.05 | Class D Violent Felony | 2 to 7 years state prison | Up to 8 years | Bronx Supreme Court |
| Assault 1st Degree | PL § 120.10 | Class B Violent Felony | 5 to 25 years state prison | Up to 8 years | Bronx Supreme Court |
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After a domestic violence arrest in the Bronx, the process moves quickly. Police are required by New York’s mandatory arrest policy to make an arrest when they have reasonable cause to believe a family offense has occurred. The accused is transported to central booking, held overnight, and arraigned in the Bronx Criminal Court at 161st Street, typically within 24 hours. At arraignment, prosecutors commonly request a temporary order of protection, and the court may issue one for good cause before any finding of guilt.
A temporary order of protection (TOP) restricts contact between the accused and the complainant while the criminal case is pending. According to the New York Office for the Prevention of Domestic Violence, an order of protection can direct someone to have no contact with the protected party, move out of a shared home, or refrain from certain conduct. Violating the order can lead to a separate criminal contempt charge, including second-degree criminal contempt under PL § 215.50 or, depending on the conduct and history, first-degree criminal contempt under PL § 215.51.
The Bronx Integrated Domestic Violence (IDV) Court handles cases where overlapping criminal, family, and matrimonial matters exist between the same parties. If you have a pending criminal DV case and a simultaneous custody or divorce proceeding, a single IDV judge may oversee all related matters.
Key Takeaway: After a domestic violence assault arrest in the Bronx, a temporary order of protection is issued at arraignment, before any guilt is established. That order can force someone out of their own home and away from their children while the case is pending.
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 inducted into Pi Sigma Alpha, the national political science honor society. After law school, David served as a prosecutor in the Bronx County DA’s Office, working in the domestic violence and sex crimes bureaus and prosecuting serious felonies, including homicides.
He also gained trial experience as an intern in the homicide bureau of the Kings County DA’s Office and the Legal Aid Society’s Criminal Appeals Bureau. In 2005, David entered private practice and founded the Law Offices of David Mejia Colgan, Esq. He has since represented clients in criminal investigations, trials, appeals, and post-conviction proceedings in both state and federal courts. David 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. Fluent in Spanish, he works closely with the Bronx’s Spanish-speaking communities and is known for ensuring his clients fully understand the legal process and their options.
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Yes. Dismissals happen when the complainant recants or becomes uncooperative, the evidence does not support the charge, self-defense applies, the allegations are false, or statements are inconsistent. Dismissal is never automatic, however, and relying on the complainant to “drop the charges” is one of the most dangerous assumptions a defendant can make.
In New York, the decision to prosecute belongs to the DA’s Office. The Bronx DA’s Office can and routinely does proceed without the complainant’s cooperation, using 911 recordings, photographs, police body camera footage, medical records, and statements taken at the scene.
New York’s justification defense under PL § 35.15 allows a person to use reasonable physical force to defend against what they reasonably believe to be the imminent use of physical force. Self-defense is a viable strategy but requires clear evidence and becomes more complex when both parties have injuries or when the accused is considered the initial aggressor.
Every domestic violence assault case has potential defenses. Common defense categories include:
False allegations can arise during contested divorces, custody battles, and immigration proceedings. Defending against them involves investigating the complainant’s motive, examining timeline inconsistencies, reviewing text messages and social media, and identifying witnesses who contradict the complainant’s version of events.
Yes. Fourth Amendment protections against unreasonable search and seizure and Fifth Amendment protections against self-incrimination apply in full to domestic violence cases. Common suppression issues include warrantless searches of a shared home, coerced statements taken at the scene, and improperly obtained recordings. Successful suppression of key evidence can weaken the prosecution’s case entirely.
The decisions made in the first 24 to 48 hours after a domestic violence arrest often determine the outcome of the entire case. Acting quickly and correctly in that window is critical to protecting your rights.
Contacting the complainant after a DV arrest, even at their request, is Criminal Contempt under PL § 215.50 or PL § 215.51. It does not matter if the protected party initiates contact. A contempt charge can result in additional jail time, bail revocation, and serious damage to your credibility before the judge.
Anything said at the scene or at the precinct can be used against you at trial. You have the right to remain silent. Exercise it, and contact David Mejia Colgan, Esq. before making any statements.
Additional mistakes to avoid include posting about the case or the complainant on social media, sending messages through third parties to the complainant, waiting weeks or months to seek representation, and accepting a plea deal without understanding the full consequences. Each of these errors can seriously damage your defense.
Key Takeaway: One of the most common and damaging mistakes after a DV arrest in the Bronx is violating the order of protection, even when the protected party reaches out first. That contact is a separate crime and will be used against you in court.
For non-citizens in the Bronx, a domestic violence assault conviction can trigger severe immigration consequences under federal law. A conviction for a “crime of domestic violence” is a deportable offense under 8 U.S.C. § 1227(a)(2)(E), applying to lawful permanent residents, visa holders, DACA recipients, and undocumented individuals alike. Even a misdemeanor conviction under PL § 120.00 can qualify as grounds for removal.
Beyond deportation risk, a DV conviction can affect re-entry, immigration relief, and naturalization, including the good-moral-character analysis. Under the U.S. Supreme Court’s ruling in Padilla v. Kentucky, 559 U.S. 356 (2010), defense counsel has a constitutional obligation to advise non-citizen defendants about immigration consequences before a guilty plea. Any plea negotiation involving a non-citizen must account for these risks before any agreement is reached.
A domestic violence conviction in Bronx Criminal Court can directly impact child custody proceedings in Family Court. Under Domestic Relations Law § 240(1)(a), judges are required to consider a history of domestic violence when determining the best interests of the child. A conviction, or even a pending DV case with an active order of protection, can be used to limit parenting time, restrict overnight visitation, or support a request for sole custody. Final orders of protection issued after a conviction can impose stay-away provisions that effectively cut off contact with children for years.
David Mejia Colgan, Esq. represents clients facing domestic violence assault charges throughout the Bronx, including cases originating in Mott Haven, Hunts Point, Highbridge, Fordham, Belmont, Tremont, Soundview, Parkchester, Throgs Neck, Pelham Bay, Riverdale, Kingsbridge, and Wakefield. He handles cases in Bronx Criminal Court, Bronx Supreme Court, and the Bronx IDV Court, as well as courts across New York City and surrounding counties including Westchester, Rockland, and Nassau.
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Domestic violence assault charges in the Bronx move fast. The Bronx DA’s Office has dedicated DV units, mandatory prosecution policies, and the full weight of the state behind them. Every hour without representation is an hour the other side is building its case.
David Mejia Colgan, Esq., represents people charged with domestic violence assault throughout the Bronx. From misdemeanor PL § 120.00 charges in Bronx Criminal Court to violent felony PL § 120.05 and PL § 120.10 cases in Bronx Supreme Court, David builds individualized defense strategies rooted in the facts of each case. As a Bronx domestic violence lawyer, he understands the local courts, the prosecutors, and what it takes to defend these charges effectively.
Call (718) 484-8820 to speak with David Mejia Colgan, Esq. today. Our office at 910 Grand Concourse, Suite 1F, Bronx, NY 10451 serves clients throughout the Bronx and across New York City.
No. The Bronx DA’s Office decides whether to prosecute. Prosecutors routinely proceed using 911 recordings, photographs, medical records, and police reports even when the complainant recants or refuses to cooperate. The complainant does not have the legal authority to drop a criminal charge once it has been filed.
The judge reads the charges, sets bail or release conditions, and issues a temporary order of protection. This typically occurs within 24 hours of arrest. The arraignment is one of the most consequential proceedings in a DV case, because the conditions set there govern your daily life while the case is pending.
Yes. Criminal Obstruction of Breathing under PL § 121.11 is a Class A misdemeanor. Strangulation can also be charged as a felony under PL § 121.12 (Second Degree) or PL § 121.13 (First Degree). These are often added to assault charges, making the penalties much worse.
It depends on the type of order. A “full stay-away” order prohibits returning to the shared residence, while a “refrain from” order allows you to remain in the home but prohibits offensive conduct. The judge determines the type at arraignment, and violating either type is a separate criminal offense.
Yes. A conviction for third-degree assault in a domestic violence case creates a permanent criminal record in New York and appears on standard background checks. This can affect employment, housing applications, and professional licensing in a wide range of fields.
Yes. Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), a conviction for a misdemeanor crime of domestic violence permanently prohibits firearm possession nationwide. New York State law imposes additional firearms restrictions beyond the federal prohibition.
Yes, under certain conditions. While New York does not have broad expungement, you can apply to seal eligible convictions after 10 years under CPL § 160.59. Additionally, New York’s Clean Slate Act provides automatic sealing for eligible misdemeanors after 3 years and eligible felonies after 8 years, provided you meet all requirements. It is still critical to fight the charge from the beginning rather than relying on future sealing.
