BRONX, NY - Stalking charges connected to a domestic relationship can lead to immediate arrest, an order of protection, and criminal proceedings that affect housing, employment, and parenting time in the Bronx. Bronx domestic violence attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/bronx-domestic-violence-attorney/stalking-charges/) outlines how New York treats stalking allegations in domestic violence matters and what those accused should understand about the four degrees of stalking under state law.
According to Bronx domestic violence attorney David Mejia Colgan, New York Penal Law Sections 120.45 through 120.60 define stalking as an intentional course of conduct directed at a specific person, for no legitimate purpose, that causes fear of physical harm, emotional distress, or threats to employment. When the alleged target is a spouse, former partner, co-parent, or family member, the case is processed as domestic violence. "The critical legal element in any stalking case is course of conduct, meaning a pattern of behavior rather than a single act," Mejia Colgan explains.
Bronx domestic violence attorney David Mejia Colgan notes that stalking charges in New York are divided into four degrees, ranging from a Class B misdemeanor to a Class D felony. Fourth degree stalking under Penal Law Section 120.45 carries up to 90 days in jail, while first degree stalking under Section 120.60 is a Class D violent felony with a maximum sentence of seven years and a mandatory two-year minimum even for those with no prior felony record. Third and second degree stalking fall between these two extremes, with second degree elevated to a Class E felony when a weapon is displayed or where additional aggravating factors apply.
Mejia Colgan adds that cases involving a domestic relationship typically begin at the Bronx County Criminal Court, where the judge will almost always issue a Temporary Order of Protection at arraignment. Where a related family or matrimonial matter is also pending, the case may be transferred to the Bronx County Integrated Domestic Violence Court, which operates under a "one family, one judge" model that consolidates criminal, custody, and divorce proceedings before a single judge. The Bronx District Attorney's Office prosecutes these matters through a dedicated Domestic Violence Bureau.
The firm represents individuals throughout the Bronx in stalking matters and frequently litigates in the Bronx Criminal Court, the Bronx Integrated Domestic Violence Court, and Bronx Family Court. Common defenses include challenging the prosecution's proof of intent or legitimate purpose, demonstrating that the alleged contact did not amount to a sustained pattern of conduct, and addressing false or exaggerated allegations that frequently arise in connection with custody disputes or divorce filings in New York City.
Attorney Mejia Colgan also highlights the lasting collateral consequences a stalking conviction can produce. A conviction may affect employment in healthcare, education, and government sectors, restrict eligibility for housing under New York Correction Law Article 23-A reviews, and trigger immigration consequences for non-citizens. Domestic violence-related convictions also prohibit firearm possession under both federal and New York law, and a final order of protection may remain in effect for several years.
"Even unintentional contact with a protected person, including being at the same location, can result in additional charges if a stay-away order is in effect," notes Mejia Colgan. He adds that a violation of an order of protection can be charged as Criminal Contempt in the First Degree, a Class E felony under Penal Law Section 215.51 punishable by up to four years in prison.
For those facing stalking allegations in a domestic relationship, the firm reviews each charge on the criminal court complaint, evaluates available defenses, and works to coordinate strategy across any related New York City matrimonial or family proceedings. Resolutions in stalking matters can include outright dismissal, an Adjournment in Contemplation of Dismissal under Criminal Procedure Law Section 170.55, a plea to a non-criminal violation, or trial.
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/
COMTEX_484132136/2888/2026-06-18T14:13:31
