If you or someone close to you is facing harassment charges in a Bronx domestic violence case, it is important to take the matter seriously. A harassment arrest tied to a domestic dispute can result in an order of protection, possible jail time, and a permanent record, even when the alleged conduct appears minor or the accusations are disputed. Under New York Penal Law, harassment charges arising from domestic situations can carry consequences that reach far beyond the courtroom
David Mejia Colgan, Esq. has more than 30 years of criminal defense experience in the Bronx and throughout New York City. A former Assistant District Attorney in the Bronx County District Attorney’s Office, where he handled domestic violence and sex crimes prosecutions, he understands how the Bronx District Attorney’s Office builds these cases and how to challenge them effectively. His years on both sides of the courtroom give him a practical edge when defending clients against harassment and related domestic violence charges.
This guide explains what harassment charges mean in a Bronx domestic violence case, the degrees of harassment under New York law, the penalties you could face, how orders of protection work, possible defense strategies, and what happens in Bronx Criminal Court. Call Bronx domestic violence attorney David Mejia Colgan at (718) 484-8820 to schedule a free consultation about your case.
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Harassment is one of the most commonly charged offenses in domestic violence arrests throughout the Bronx and NYC. Under New York law, there is no single crime called “domestic violence.” Instead, prosecutors charge specific criminal offenses, including harassment, assault, menacing, stalking, and strangulation, and classify them as domestic violence when the alleged victim is a family or household member.
Harassment charges arise when prosecutors allege that you intended to harass, annoy, or alarm another person through physical contact, threatening communications, or a pattern of alarming conduct. In Bronx domestic disputes, these charges frequently stem from arguments between spouses, partners, or family members that escalate into police involvement, and officers are required by New York law to make a mandatory arrest in domestic situations.
The important distinction is that harassment does not require a physical injury. A shove, a series of phone calls, or repeated text messages can all result in arrest and criminal charges if the conduct is directed at a family or household member as defined under New York Criminal Procedure Law § 530.11.
Call David Mejia Colgan at (718) 484-8820 to discuss how these charges could affect your case.
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For a harassment charge to be classified as domestic violence in New York, the alleged victim must be a “family or household member” as defined under New York CPL § 530.11. This classification triggers mandatory arrest requirements, automatic orders of protection, and domestic violence court processing.
New York law defines family or household members as:
This definition is broader than many people expect. A dating relationship, even without cohabitation, qualifies. Former partners who broke up years ago still fall within this category. Roommates who have never been in a romantic relationship also qualify.
The classification matters because it determines whether the case is processed as a standard criminal matter or routed through the domestic violence system at the Bronx Criminal Court at 215 East 161st Street. Domestic violence cases receive heightened scrutiny from both prosecutors and judges in New York City.
Contact David Mejia Colgan, Esq., today for a review of whether the domestic violence classification applies to your situation.
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New York Penal Law establishes three levels of harassment charges, each with different elements and penalties.
Harassment in the second degree is a violation, not a crime. You can be charged under this statute if, with intent to harass, annoy, or alarm another person, you:
Although classified as a violation rather than a misdemeanor, a conviction still carries up to 15 days in jail. In domestic violence cases, even this lowest-level harassment charge triggers mandatory arrest and an automatic order of protection from the court.
Harassment in the first degree is a Class B misdemeanor. This charge applies when a person intentionally and repeatedly harasses another by following them in public places or engaging in a course of conduct that places them in reasonable fear of physical injury. The key difference from second-degree harassment is the element of fear, specifically that the conduct would cause a reasonable person to fear for their physical safety.
A conviction carries up to 90 days in jail and a fine of up to $500. In the Bronx, prosecutors frequently charge this offense when the alleged conduct involves repeated following or sustained threatening behavior within a domestic relationship.
Aggravated harassment in the second degree is a Class A misdemeanor and the most serious standalone harassment charge. Under this statute, a person is guilty of aggravated harassment when they:
A conviction carries up to one year in jail, a fine of up to $1,000, and up to three years of probation. This charge is one of the most commonly prosecuted offenses in Bronx domestic violence cases, particularly when the allegations involve threatening text messages, phone calls, or emails.
| Charge | Penal Law Section | Classification | Maximum Jail Time |
|---|---|---|---|
| Harassment 2nd Degree | § 240.26 | Violation | 15 days |
| Harassment 1st Degree | § 240.25 | Class B Misdemeanor | 90 days |
| Aggravated Harassment 2nd Degree | § 240.30 | Class A Misdemeanor | 1 year |
David Mejia Colgan can evaluate the specific harassment charge you face and explain your options. Call (718) 484-8820.
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David Mejia Colgan is a Bronx criminal defense practitioner with more than 30 years of experience in the New York legal system. He graduated from NYU School of Law in 1998 and began his career as an Assistant District Attorney in the Bronx County District Attorney’s Office, where he served in the domestic violence and sex crimes bureaus and handled felony trials, including homicides. Before joining the Bronx DA’s Office, he served as second chair on five homicide trials as an intern in the Kings County District Attorney’s Office.
Since leaving the District Attorney’s Office in 2005, David Mejia Colgan has represented clients in state and federal criminal cases, as well as post-conviction proceedings. He appears regularly in courts throughout New York City, Westchester County, Rockland County, Orange County, Putnam County, Nassau County, and Suffolk County. He is fluent in Spanish and provides personalized representation to every client, handling all aspects of each case from investigation through trial.
The direct penalties for a harassment conviction depend on the degree of the charge, but domestic violence cases carry additional consequences beyond standard sentencing that many people do not anticipate.
A conviction for second-degree harassment (violation) results in up to 15 days in jail and remains on your record, although it is not technically classified as a criminal conviction. First-degree harassment (Class B misdemeanor) carries up to 90 days in jail and a fine of up to $500. Aggravated harassment (Class A misdemeanor) carries up to one year in jail, a fine of up to $1,000, and up to three years of probation.
For individuals with prior domestic violence convictions, New York’s aggravated family offense law under Penal Law § 240.75 can elevate a second or subsequent misdemeanor family offense within five years to a Class E felony, carrying up to four years in state prison.
Beyond jail time and fines, a harassment conviction in a domestic violence case can result in:
These collateral consequences frequently cause more long-term damage than the criminal sentence itself. A permanent order of protection alone can prevent you from returning to your home, seeing your children, or communicating with your partner for years.
Key Takeaway: Harassment convictions in Bronx domestic violence cases carry jail time, fines, and probation, but collateral consequences like orders of protection, custody impacts, firearm restrictions, and immigration issues often have a greater long-term effect.
David Mejia Colgan, Esq. helps clients understand the full range of penalties they may face. Call us today at (718) 484-8820 for a free consultation.
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An order of protection (commonly called a restraining order) is one of the most immediate and impactful consequences of a domestic violence harassment arrest in the Bronx. At your arraignment in the Bronx Criminal Court, the judge will issue a temporary order of protection, often before you have had any opportunity to present your side of the story.
There are two types of orders of protection in New York:
In Bronx domestic violence cases, prosecutors routinely request full orders of protection at arraignment. Even when both parties want to stay in contact, a judge may still issue a full stay-away order based on the nature of the allegations. Violating an order of protection, even with the alleged victim’s consent, can result in additional criminal charges and can be charged as criminal contempt under NYPL § 215.50 (Class A misdemeanor) or as aggravated criminal contempt under NYPL § 215.51 (Class E felony).
Our team can advocate for the least restrictive order appropriate to your situation. Call David Mejia Colgan, Esq. at (718) 484-8820 for a free consultation.
Defending against harassment charges in a domestic violence context requires a strategic approach tailored to the specific facts of the case. Attorney David Mejia Colgan spent years prosecuting domestic violence cases as an Assistant District Attorney in the Bronx. He understands how the prosecution builds these cases from the inside and investigates each case thoroughly to create a strategy tailored to each one’s circumstances.
Every harassment charge under New York law requires proof that you acted with the specific intent to harass, annoy, or alarm the other person. If your actions had a legitimate purpose, such as attempting to resolve a custody dispute, retrieving personal belongings, or responding to the other person’s communications, prosecutors may not be able to prove the required intent. The burden is on the prosecution to establish your state of mind beyond a reasonable doubt.
In contested relationships, particularly those involving divorce, custody battles, or breakups, false allegations of harassment are not uncommon. A party seeking an advantage in family court proceedings may exaggerate or fabricate claims of harassment to obtain a favorable order of protection or custody arrangement. Inconsistencies between the complainant’s written statements, police reports, and testimony can be powerful evidence for the defense.
Prosecutors must prove every element of the charge beyond a reasonable doubt. In many Bronx harassment cases, the evidence consists primarily of the complainant’s word, with limited corroboration from witnesses, surveillance footage, or electronic records. If the evidence does not support each element of the charged offense, the case may be subject to dismissal.
Call David Mejia Colgan at (718) 484-8820 to discuss which defense strategies may apply to your charges.
Domestic violence cases in New York follow a specific procedural path that differs from standard criminal matters.
Under New York Criminal Procedure Law, police must make a mandatory arrest when they have probable cause to believe a family offense has occurred. After arrest, you will be held until arraignment at the Bronx Criminal Court at 215 East 161st Street, typically within 24 hours. At arraignment, the judge sets bail or releases you on your own recognizance and issues a temporary order of protection.
The Bronx District Attorney’s Office assigns domestic violence cases to specially trained prosecutors in its Special Victims Division. These prosecutors handle the case from arraignment through trial or resolution. Misdemeanor harassment cases in the Bronx must be ready for trial within 90 days for Class A misdemeanors and 60 days for Class B misdemeanors under New York’s speedy trial rules. For Harassment in the Second Degree, which is charged as a violation, prosecutors have only 30 days to be ready for trial
Depending on the circumstances, several outcomes may be available:
Key Takeaway: Domestic violence harassment cases in the Bronx proceed from mandatory arrest through arraignment at Bronx Criminal Court, prosecution by the Bronx District Attorney’s Special Victims Division, and resolution through dismissal, ACD, plea negotiation, or trial.
Yes. In New York, domestic violence harassment cases can be pursued simultaneously in both criminal court and family court, creating a dual-track system that many people find confusing and difficult to manage.
In criminal court, the Bronx District Attorney’s Office prosecutes the harassment charge as a criminal offense. The potential consequences include jail time, fines, probation, and a criminal record. In family court, the alleged victim (called the “petitioner”) can file a family offense petition seeking a civil order of protection. The Bronx Family Court at 900 Sheridan Avenue handles these proceedings separately from the criminal case.
The two proceedings are independent. A person can be found not guilty in criminal court but still have an order of protection issued against them in family court, where the standard of proof is lower (preponderance of the evidence rather than beyond a reasonable doubt). Conversely, a dismissal in criminal court does not automatically end family court proceedings.
In some cases, both matters may be consolidated before a single judge in an Integrated Domestic Violence (IDV) court. The Bronx County Supreme Court at 851 Grand Concourse operates an IDV part that handles cases where criminal, family, and matrimonial matters overlap.
Key Takeaway: Harassment charges in Bronx domestic violence cases can proceed simultaneously in criminal court and family court. The two courts operate independently, with different standards of proof and different potential consequences.
Contact David Mejia Colgan, Esq. to coordinate your defense across both court systems. Call (718) 484-8820.
The steps you take immediately after a domestic violence harassment arrest can significantly affect the outcome of your case. If you have been arrested or expect to be arrested, the following actions can help protect your rights.
Call David Mejia Colgan at (718) 484-8820 for a free consultation. Our office is located at 910 Grand Concourse, Suite 1F in the Bronx.
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Harassment charges in a domestic violence case can disrupt your life, separate you from your family, and put your future at risk. Even when the allegations are based on a misunderstanding or an exaggeration, the legal consequences are serious and require immediate attention. You do not have to face these charges alone.
David Mejia Colgan, Esq. has defended clients against domestic violence charges in the Bronx for more than two decades. He knows how prosecutors evaluate evidence, build cases, and make charging decisions.
Call David Mejia Colgan at (718) 484-8820 for a free consultation. Our office at 910 Grand Concourse, Suite 1F, is located near the Bronx Criminal Court and serves clients throughout the Bronx, New York City, and the surrounding areas. David Mejia Colgan, Esq. handles every case personally from start to finish. Se habla español.
No. Once the Bronx District Attorney’s Office files harassment charges, only the prosecutor has the authority to dismiss the case. The alleged victim cannot unilaterally drop charges. However, if the complainant is uncooperative or recants their statement, the prosecution’s case may be significantly weakened, and the prosecutor may exercise discretion to dismiss or reduce charges.
Standard harassment charges are either violations or misdemeanors. However, under New York Penal Law § 240.75, a second or subsequent misdemeanor family offense within five years can be elevated to a Class E felony, carrying up to four years in state prison. Violating an order of protection is also a separate felony charge.
A temporary order of protection remains in effect from arraignment until the case is resolved. If convicted of a misdemeanor, a final order of protection can last up to five years from the date of conviction. Felony convictions can result in orders lasting up to eight years.
An Adjournment in Contemplation of Dismissal (ACD) may be available, particularly for first-time offenders and less serious harassment charges. Under an ACD, the case is adjourned for six months to one year, and if no further issues arise, it is dismissed and sealed. Prosecutors in the Bronx have discretion over whether to offer an ACD, and domestic violence cases face more resistance to this outcome than standard cases.
A harassment conviction can have immigration consequences, particularly for non-citizens. While a violation-level harassment conviction may not trigger deportation on its own, misdemeanor convictions, especially those classified as crimes involving moral turpitude or domestic violence offenses, can affect immigration status, green card applications, and naturalization. Consult both a criminal defense and immigration professional about the specific risks.
The court, not the parties, decides whether to maintain, modify, or lift an order of protection. Even if both parties want to continue the relationship, the judge may refuse to reduce a full order of protection to a limited order. Your Bronx domestic violence attorney can request a modification hearing and present reasons why a less restrictive order is appropriate.
