BRONX, NY – Harassment arrests connected to a domestic dispute can result in an order of protection, possible jail time, and a permanent record, even when the alleged conduct seems minor or the accusations are disputed. Bronx domestic violence attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/bronx-domestic-violence-attorney/harassment-charges/) addresses how New York classifies harassment offenses in domestic settings and the consequences those accused face under state law.
According to Bronx domestic violence attorney David Mejia Colgan, harassment is among the most commonly charged offenses in domestic arrests across the Bronx and New York City. New York does not treat domestic violence as a single crime; instead, prosecutors charge specific offenses such as harassment, assault, menacing, and stalking, and classify them as domestic violence when the alleged victim qualifies as a family or household member under Criminal Procedure Law Section 530.11. “A shove, a series of phone calls, or repeated text messages can all result in arrest and criminal charges if the conduct is directed at a family or household member,” Mejia Colgan explains.
Bronx domestic violence attorney David Mejia Colgan notes that New York Penal Law establishes three primary levels of harassment. Harassment in the Second Degree under Section 240.26 is a violation carrying up to 15 days in jail. Harassment in the First Degree under Section 240.25 is a Class B misdemeanor with up to 90 days in jail and a fine of up to $500. Aggravated Harassment in the Second Degree under Section 240.30 is a Class A misdemeanor punishable by up to one year in jail, a fine of up to $1,000, and up to three years of probation.
Attorney Mejia Colgan adds that the relationship classification matters because it triggers mandatory arrest, automatic orders of protection, and processing through the Bronx Criminal Court at 215 East 161st Street. The Bronx District Attorney’s Office assigns these matters to specially trained prosecutors. “Most people don’t realize how broadly New York defines a household member,” he notes. “A former dating partner, a roommate, or a relative by marriage all qualify, and that classification changes how the case moves through the system.”
The firm regularly represents Bronx residents at arraignment, where a temporary order of protection is typically issued before the accused has had any opportunity to present a response. The order may be a “stay away” order prohibiting all contact or a limited “refrain from” order allowing contact but barring threatening or offensive conduct. Even with the alleged victim’s consent, any violation can result in additional criminal contempt charges under Penal Law Sections 215.50 or 215.51.
Defenses to harassment charges depend on the facts. Mejia Colgan emphasizes that every harassment charge requires proof of specific intent to harass, annoy, or alarm the other person. Conduct undertaken for a legitimate purpose, such as resolving a custody dispute or retrieving personal belongings, may not satisfy the required mental state. False or exaggerated accusations linked to divorce, custody, or family court proceedings in New York City are also frequently raised and can be supported by inconsistencies between police reports, written statements, and later testimony.
For those facing repeat allegations, the firm warns that under New York Penal Law Section 240.75, a second or subsequent misdemeanor family offense within five years can be elevated to a Class E felony carrying up to four years in state prison. Convictions also bring collateral consequences including loss of custody or visitation rights in family court, removal from a shared home, firearm surrender, employment impacts in fields requiring background checks, and immigration consequences for non-citizens.
“Harassment cases in domestic settings can proceed simultaneously in criminal and family court, and a dismissal in one does not automatically end the other,” Mejia Colgan adds. The Bronx Family Court at 900 Sheridan Avenue handles civil family offense petitions independently, applying a lower preponderance-of-the-evidence standard rather than the criminal “beyond a reasonable doubt” threshold. In some cases, both matters are consolidated before a single judge in an Integrated Domestic Violence part of the Bronx County Supreme Court.
For those facing harassment allegations connected to a domestic relationship, the firm coordinates defense strategy across both criminal and family court proceedings, evaluates the order of protection terms, and pursues outcomes ranging from dismissal to an Adjournment in Contemplation of Dismissal or a plea to a non-criminal violation.
About David Mejia Colgan, Esq.:
David Mejia Colgan, Esq. is a Bronx-based criminal defense practice focused on domestic violence, criminal, and matrimonial matters. Led by attorney David Mejia Colgan, a former Bronx Assistant District Attorney with more than 30 years of experience, the firm represents clients throughout the Bronx and the greater New York City area, including Westchester, Rockland, Orange, Putnam, Nassau, and Suffolk counties. For consultations, call (718) 484-8820.
Email: david.m.colgan@gmail.com
Media Contact
Name
David Mejia Colgan, Esq.
Contact name
David Mejia Colgan
Contact phone
(718) 484-8820
Contact address
910 Grand Concourse Suite 1F
City
Bronx
State
NY
Zip
10451
Country
United States
Url
https://dmclawny.com/
