BRONX, NY - Individuals charged with an aggravated family offense in the Bronx face felony-level consequences under New York Penal Law Section 240.75, even in cases where the underlying conduct might otherwise be prosecuted as a misdemeanor. Bronx domestic violence attorney David Mejia Colgan of David Mejia Colgan, Esq., is providing guidance on how these charges arise and the legal options available to the accused (https://dmclawny.com/bronx-domestic-violence-attorney/aggravated-family-offense/). The firm reviews the prosecution's evidence, challenges weak or unsupported elements, and works to limit the impact of the charge from the earliest stage of a case.

According to Bronx domestic violence attorney David Mejia Colgan, PL Section 240.75 is a Class E felony that can be charged when a person commits a qualifying misdemeanor specified offense and has one or more prior specified offense convictions within the immediately preceding five years. That five-year lookback period may be extended by any time the defendant spent incarcerated between the prior offense and the current offense. "The aggravated charge often turns on paperwork, the prior conviction, the timing, and the required relationship, rather than on more serious conduct," explains Colgan.

Bronx domestic violence attorney David Mejia Colgan notes that the statute applies only when the current offense and the prior conviction both fall within the statute's list of specified offenses. Those offenses include assault, menacing, reckless endangerment, stalking, strangulation, criminal contempt, harassment, and certain other listed crimes, as well as attempts or conspiracies to commit them when the required family or household relationship exists. Disorderly conduct, while it may be treated as a family offense under Criminal Procedure Law Section 530.11, is not a specified offense under PL Section 240.75.

The relationship element is central to any aggravated family offense case. Colgan points out that PL Section 240.75 relies on the definition in CPL Section 530.11(1), which includes people related by blood or marriage, current or former spouses, co-parents, and those who are or were in an intimate relationship. "Living together alone does not create a qualifying relationship," Colgan observes. "Courts look at the type of relationship, the frequency of contact, and how long it lasted, and casual acquaintances or ordinary business contacts do not qualify."

A conviction under PL Section 240.75 carries significant penalties. As a Class E felony, a first-time felony offender may face an indeterminate sentence with a maximum term of up to four years, while other resolutions can include probation of three to five years, a conditional discharge, or a definite jail sentence of one year or less. Fines can reach the greater of $5,000 or double the defendant's gain from the offense, along with a mandatory surcharge and crime victim assistance fee. Colgan emphasizes that the consequences extend beyond the courtroom, potentially affecting firearm rights, immigration status, employment, housing, and child custody matters.

To secure a conviction, the prosecution must prove every element beyond a reasonable doubt, including the new qualifying misdemeanor, at least one prior specified-offense conviction within the statutory period, and the required family or household relationship. CPL Section 200.63 also requires special information addressing the prior conviction, the relationship element, and the timing requirement. Attorney Colgan advises that each of these elements can be challenged. "Only convictions count toward the five-year lookback," he adds. "A prior arrest that was dismissed, sealed after dismissal, or resolved through an adjournment in contemplation of dismissal does not qualify as a predicate offense."

Orders of protection are common in these matters and may be requested at arraignment before the accused has had a full opportunity to contest the charges. Under CPL Section 530.12, a court may issue a temporary order of protection that either requires a full stay-away or permits peaceful contact while prohibiting threatening behavior. Colgan cautions that violating such an order can lead to separate criminal contempt charges under PL Section 215.50, Section 215.51, or Section 215.52, and that even contact initiated by the protected person can create risk because the order binds only the defendant. A defendant or their attorney may apply to the court to modify or vacate an order, but only the court can change it.

Colgan highlights defense mistakes such as contacting the complaining witness, assuming they can drop the charges, speaking with police without counsel, and underestimating a prior conviction. Because the Bronx District Attorney's Office decides whether to proceed, prosecutors may rely on 911 recordings, body camera footage, medical records, and other evidence even if the complaining witness declines to cooperate.

Aggravated family offense cases in the Bronx follow a specific procedural sequence, with arraignment typically occurring within 24 to 48 hours of arrest at Bronx Criminal Court in the Bronx Hall of Justice at 265 East 161st Street. Because PL Section 240.75 is a felony, the case may proceed to a grand jury and, upon indictment, to Bronx Supreme Court for motions, hearings, and trial. Colgan notes that early decisions at arraignment and before grand jury review can affect bail, protection-order terms, and overall defense strategy.

Those facing an aggravated family offense charge in the Bronx may benefit from consulting an experienced criminal defense attorney early to protect their rights, identify weaknesses in the prosecution's case, and avoid costly mistakes.

About David Mejia Colgan, Esq.:

David Mejia Colgan, Esq. is a Bronx criminal defense firm handling domestic violence, family offense, weapons, family law, and matrimonial matters throughout New York City. A former Bronx Assistant District Attorney with over 25 years of criminal-law experience, David Mejia Colgan represents clients from an office at 910 Grand Concourse, Suite 1F, Bronx, NY 10451, near Bronx Criminal Court and the Bronx Hall of Justice, and also serves Westchester County and surrounding jurisdictions. Fluent in Spanish, the firm works closely with the Bronx's diverse communities. For a confidential consultation, 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 Ste 1F
City
Bronx
State
NY
Zip
10451
Country
United States
Url
https://dmclawny.com/