Strangulation Charges in Bronx Domestic Violence Cases - David Mejia Colgan

From David Mejia Colgan, Esq. - Strangulation Charges in Bronx Domestic Violence Cases explores how New York law treats strangulation and obstruction of breathing allegations under Penal Law Article 121. This episode breaks down the differences between Criminal Obstruction of Breathing under PL § 121.11, Strangulation in the Second Degree under PL § 121.12, and Strangulation in the First Degree under PL § 121.13, including how charges can range from a Class A misdemeanor to Class D and Class C violent felonies.

Listeners will learn how Bronx prosecutors, including the Bronx DA’s Domestic Violence Bureau, build strangulation cases using 911 recordings, medical records, SANE examinations, CT scans, ER notes, photographs, police observations, and witness statements. The discussion also explains how “physical injury” under PL § 10.00(9) differs from “serious physical injury” under PL § 10.00(10), and why findings such as petechiae, voice changes, loss of consciousness, hyoid bone fractures, or other medical evidence can influence whether a case proceeds in Bronx Criminal Court or Bronx Supreme Court.

The episode also covers the serious consequences that can follow a strangulation conviction, including jail or state prison exposure, mandatory post-release supervision, probation, orders of protection, Criminal Contempt charges under PL § 215.50 or PL § 215.51, firearm restrictions, immigration concerns, employment barriers, housing issues, and custody or visitation consequences in Bronx Family Court. It highlights the role of arraignment, bail, full stay-away orders, refrain-from orders, and how prosecutors may continue a case even when a complainant recants or does not want to testify.

David Mejia Colgan, Esq., a former prosecutor with the Bronx County District Attorney’s Office and a New York University School of Law graduate, brings more than 25 years of criminal law experience to defending domestic violence and strangulation allegations throughout the Bronx and New York State. Serving communities including Fordham, Mott Haven, Hunts Point, Kingsbridge, Highbridge, University Heights, Tremont, Morris Park, Pelham Bay, and Spanish-speaking clients across New York City, his office at 910 Grand Concourse, Suite 1F provides confidential case reviews at (718) 484-8820.

David Mejia Colgan, Esq

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

(718) 484-8820

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