What Is Third-Degree Assault Under NY Penal Law § 120.00 in a Domestic Violence Case in the Bronx? - David Mejia Colgan
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From David Mejia Colgan, Esq. - What Is Third-Degree Assault Under NY Penal Law § 120.00 in a Domestic Violence Case in the Bronx? explores how New York Penal Law § 120.00 applies when an allegation arises in a domestic violence context in the Bronx, outlining the legal definitions, potential penalties, and procedural realities defendants face in Bronx Criminal Court. The episode explains how a Class A misdemeanor can carry up to 364 days in jail, probation, fines, and far-reaching consequences such as orders of protection, housing restrictions, and impacts on child custody, employment, and immigration status.
Drawing on experience as a former Assistant District Attorney in the Bronx County District Attorney's Office, David Mejia Colgan breaks down how prosecutors build cases within the Domestic Violence Bureau and how proceedings may unfold at locations such as 215 East 161st Street and the Bronx Family Justice Center. The discussion highlights how cases can be routed through the Integrated Domestic Violence (IDV) Court, where a single judge may oversee criminal charges, family court matters, and matrimonial issues under the “one family, one judge” model.
Listeners will gain clarity on key statutes including New York Penal Law § 120.00, § 10.00(9), § 35.15, § 215.50, and § 215.51, as well as Criminal Procedure Law §§ 530.11, 530.12, and Article 245. The episode explains the distinctions between intentional, reckless, and criminally negligent assault, the legal meaning of “physical injury,” and how evidence like 911 calls, medical records, and body camera footage is used during discovery. It also examines the serious implications of orders of protection and how violations can lead to additional charges such as criminal contempt.
The podcast also walks through practical defense strategies, including self-defense claims, challenging whether injuries meet statutory thresholds, and addressing false or exaggerated accusations. It concludes with actionable guidance for those arrested in the Bronx, emphasizing the importance of remaining silent, complying with court orders, preserving evidence, and seeking legal representation early. With insights grounded in decades of experience across New York courts, this episode provides a comprehensive look at navigating domestic violence assault charges in New York City.
David Mejia Colgan, Esq
910 Grand Concourse Suite 1F, Bronx, NY 10451, United States
(718) 484-8820