When Does a Domestic Violence Assault Become a Class D Felony Under NY Penal Law § 120.05? - David Mejia Colgan, Esq.
Episode notes
From David Mejia Colgan, Esq. - When Does a Domestic Violence Assault Become a Class D Felony Under NY Penal Law § 120.05? explores how domestic violence cases in New York can escalate into serious felony charges and what legal standards determine that shift. Centered on New York Penal Law § 120.05, the episode walks through how Assault in the Second Degree is defined and prosecuted, particularly in the Bronx and across New York City, where these cases are handled with heightened scrutiny.
Listeners will gain a clear understanding of the legal distinctions between misdemeanor and felony assault under statutes like New York Penal Law § 120.00 and § 120.10, including how “physical injury” and “serious physical injury” are interpreted under § 10.00(9) and § 10.00(10). The discussion highlights how prosecutors in the Bronx County District Attorney's Office evaluate evidence, including medical documentation from institutions like Lincoln Medical Center and BronxCare Health System, to determine whether a case meets the felony threshold.
The episode also breaks down key subsections of § 120.05, including cases involving intent to cause serious harm and those involving a “dangerous instrument” as defined under § 10.00(13). Through real-world context, it explains how everyday objects can become central to felony charges and how domestic relationships—defined under New York Family Court Act § 812 and Criminal Procedure Law § 530.11—impact how cases are prosecuted in courts like Bronx Criminal Court.
Finally, the podcast examines the consequences of a Class D violent felony under § 70.02, including prison sentences, orders of protection, and long-term impacts on employment, immigration, and family life. It also explores potential defense strategies such as challenging injury severity, disputing intent, and asserting self-defense. With insight drawn from experience in both the Bronx County District Attorney's Office and courts throughout New York, this episode offers a comprehensive look at the legal realities surrounding domestic violence assault charges.
David Mejia Colgan, Esq.
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