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Domestic Violence Assault Charges in the Bronx, NY - David Mejia Colgan

David Mejia Colgan Season 5 Episode 274

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0:00 | 3:27

From David Mejia Colgan, Esq. - Domestic Violence Assault Charges in the Bronx, NY explores how domestic violence assault cases are prosecuted in the Bronx, what happens after an arrest, and why charges under PL § 120.00, PL § 120.05, and PL § 120.10 can carry serious consequences. This episode breaks down how New York treats “domestic violence assault” as an assault charge under Penal Law Article 120 with a domestic violence designation when the alleged victim qualifies under CPL § 530.11.

Listeners will learn how the Bronx District Attorney’s Office handles these cases, why prosecutors may move forward even if a complainant wants to drop the charges, and what can happen at arraignment in Bronx Criminal Court. The discussion also covers temporary orders of protection, Bronx Supreme Court felony proceedings, Bronx IDV Court, mandatory arrest policies under CPL § 140.10, and related charges such as criminal obstruction of breathing, strangulation, and criminal contempt under PL § 215.50 and PL § 215.51.

The episode highlights the potential penalties for Assault in the Third Degree, Assault in the Second Degree, and Assault in the First Degree, including jail, state prison, probation, post-release supervision, mandatory programs, long-term orders of protection, firearm restrictions under the Lautenberg Amendment, and immigration consequences under 8 U.S.C. § 1227(a)(2)(E). It also explains defenses such as self-defense under PL § 35.15, false allegations, lack of physical injury, misidentification, constitutional violations, and challenges to the domestic relationship designation.

David Mejia Colgan, Esq., a former prosecutor in the Bronx County DA’s Office and founder of the Law Offices of David Mejia Colgan, Esq., brings more than 30 years of criminal defense experience to cases throughout Mott Haven, Hunts Point, Highbridge, Fordham, Belmont, Tremont, Soundview, Parkchester, Throgs Neck, Pelham Bay, Riverdale, Kingsbridge, Wakefield, and beyond. With offices at 910 Grand Concourse, Suite 1F, Bronx, NY 10451, David represents clients in Bronx Criminal Court, Bronx Supreme Court, Bronx IDV Court, and courts across New York City, Westchester, Rockland, and Nassau.


David Mejia Colgan, Esq

910 Grand Concourse Suite 1F, Bronx, NY 10451, United States

(718) 484-8820

https://www.google.com/maps?cid=10458568621536558650