What Is Strangulation in the First Degree Under PL § 121.13 in a Bronx Domestic Violence Case? - David Mejia Colgan
Notas del episodio
From David Mejia Colgan, Esq - What Is Strangulation in the First Degree Under PL § 121.13 in a Bronx Domestic Violence Case? explains how New York Penal Law § 121.13 applies to domestic violence arrests in the Bronx and why this charge is considered one of the most serious violent felonies under New York law. The episode explores how strangulation in the first degree is defined through criminal obstruction of breathing or blood circulation under PL § 121.11 and the requirement that the alleged conduct causes “serious physical injury” as defined in New York Penal Law § 10.00(10). Listeners will also learn how the Strangulation Prevention Act of 2010 reshaped prosecution strategies in New York and why allegations involving pressure to the throat, neck, nose, or mouth often lead to felony charges.
The discussion breaks down the severe penalties tied to a class C violent felony, including mandatory determinate prison sentences ranging from 3.5 to 15 years under New York’s violent felony sentencing structure. It explains how prosecutors from the Bronx County District Attorney's Office evaluate evidence, including medical records, emergency room reports, and witness testimony, when attempting to prove intent to obstruct breathing and the existence of serious physical injury. The episode also clarifies why probation is generally unavailable without a reduction in charges and how prior violent felony convictions can increase sentencing exposure.
Listeners will gain insight into how domestic violence cases involving strangulation move through the Bronx court system, beginning with arraignment at Bronx Criminal Court at 215 East 161st Street and potentially continuing through indictment by a Bronx County grand jury and proceedings in Bronx County Supreme Court. The conversation highlights how temporary orders of protection are issued under CPL § 530.12, how discovery obligations under CPL Article 245 affect the timeline of a case, and why cases may intersect with institutions like the Bronx Family Justice Center at 198 East 161st Street. The episode also discusses the role of the Bronx District Attorney’s Domestic Violence Bureau and its specialized Strangulation Initiative.
Drawing on the perspective of Bronx criminal defense attorney David Mejia Colgan, Esq., a former prosecutor with the Bronx County District Attorney's Office and a graduate of New York University School of Law, the podcast outlines potential defense strategies in these cases. Topics include challenging the intent element, disputing whether injuries meet the legal definition of serious physical injury, raising self-defense under New York Penal Law § 35.15, and addressing credibility issues that often arise in domestic violence allegations. The episode also explains how orders of protection, potential criminal contempt charges under PL § 215.50 or PL § 215.51, and the broader criminal process can affect defendants in Bronx County, Westchester County, and throughout New York City.
David Mejia Colgan, Esq
910 Grand Concourse Suite 1F, Bronx, NY 10451, United States
(718) 484-8820