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Nassau County Criminal Contempt Lawyer

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S 215.50 Criminal contempt in the second degree.

  A person is guilty of criminal contempt in the second degree when he
engages in any of the following conduct:
  1. Disorderly, contemptuous, or insolent behavior, committed during
the sitting of a court, in its immediate view and presence and directly
tending to interrupt its proceedings or to impair the respect due to its
authority; or
  2. Breach of the peace, noise, or other disturbance, directly tending
to interrupt a court`s proceedings; or
  3. Intentional disobedience or resistance to the lawful process or
other mandate of a court except in cases involving or growing out of
labor disputes as defined by subdivision two of section seven hundred
fifty-three-a of the judiciary law; or
  4. Contumacious and unlawful refusal to be sworn as a witness in any
court proceeding or, after being sworn, to answer any legal and proper
interrogatory; or
  5. Knowingly publishing a false or grossly inaccurate report of a
court`s proceedings; or
  6. Intentional failure to obey any mandate, process or notice, issued
pursuant to articles sixteen, seventeen, eighteen, or eighteen-a of the
judiciary law, or to rules adopted pursuant to any such statute or to
any special statute establishing commissioners of jurors and prescribing
their duties or who refuses to be sworn as provided therein; or
  7. On or along a public street or sidewalk within a radius of two
hundred feet of any building established as a courthouse, he calls
aloud, shouts, holds or displays placards or signs containing written or
printed matter, concerning the conduct of a trial being held in such
courthouse or the character of the court or jury engaged in such trial
or calling for or demanding any specified action or determination by
such court or jury in connection with such trial.
  Criminal contempt in the second degree is a class A misdemeanor.

S 215.51 Criminal contempt in the first degree.

  A person is guilty of criminal contempt in the first degree when:
  (a) he contumaciously and unlawfully refuses to be sworn as a witness
before a grand jury, or, when after having been sworn as a witness
before a grand jury, he refuses to answer any legal and proper
interrogatory; or
  (b) in violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he or she was
present in court when such order was issued, or an order of protection
issued by a court of competent jurisdiction in this or another state,
territorial or tribal jurisdiction, he or she:
  (i) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death by displaying a deadly weapon,
dangerous instrument or what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm or by means of a threat or
threats; or
  (ii) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death by repeatedly following such person or
engaging in a course of conduct or repeatedly committing acts over a
period of time; or
  (iii) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death when he or she communicates or causes a
communication to be initiated with such person by mechanical or
electronic means or otherwise, anonymously or otherwise, by telephone,
or by telegraph, mail or any other form of written communication; or
  (iv) with intent to harass, annoy, threaten or alarm a person for
whose protection such order was issued, repeatedly makes telephone calls
to such person, whether or not a conversation ensues, with no purpose of
legitimate communication; or
  (v) with intent to harass, annoy, threaten or alarm a person for whose
protection such order was issued, strikes, shoves, kicks or otherwise
subjects such other person to physical contact or attempts or threatens
to do the same; or
  (vi) by physical menace, intentionally places or attempts to place a
person for whose protection such order was issued in reasonable fear of
death, imminent serious physical injury or physical injury.
  (c) he or she commits the crime of criminal  contempt  in  the  second
degree as defined in subdivision three of section 215.50 of this article
by  violating  that  part  of a duly served order of protection, or such
order of which the defendant has actual knowledge because he or she  was
present  in court when such order was issued, under sections two hundred
forty and two hundred fifty-two of the domestic relations law,  articles
four,  five, six and eight of the family court act and section 530.12 of
the criminal procedure law, or an order of protection issued by a  court
of  competent  jurisdiction  in  another  state,  territorial  or tribal
jurisdiction, which requires the respondent or defendant  to  stay  away
from  the  person  or  persons on whose behalf the order was issued, and
where the defendant has  been  previously  convicted  of  the  crime  of
aggravated criminal contempt or criminal contempt in the first or second
degree  for  violating an order of protection as described herein within
the preceding five years; or
  (d) in violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he or she was
present in court when such order was issued, or an order issued by a
court of competent jurisdiction in this or another state, territorial or
tribal jurisdiction, he or she intentionally or recklessly damages the
property of a person for whose protection such order was issued in an
amount exceeding two hundred fifty dollars.
  Criminal contempt in the first degree is a class E felony.

S 215.52 Aggravated criminal contempt.

  A person is guilty of aggravated criminal contempt when:
  1. in violation of a duly served order of protection, or such order of
which  the  defendant has actual knowledge because he or she was present
in court when such order was issued, or an order of protection issued by
a court of competent  jurisdiction  in  another  state,  territorial  or
tribal  jurisdiction,  he  or  she  intentionally  or  recklessly causes
physical injury or  serious  physical  injury  to  a  person  for  whose
protection such order was issued; or
  2.  he  or  she  commits  the  crime of criminal contempt in the first
degree as defined in subdivision (b) or (d) of section  215.51  of  this
article  and  has  been  previously convicted of the crime of aggravated
criminal contempt; or
  3. he or she commits the crime  of  criminal  contempt  in  the  first
degree,  as  defined  in  paragraph  (i),  (ii),  (iii),  (v) or (vi) of
subdivision (b) or subdivision (c) of section 215.51  of  this  article,
and  has  been previously convicted of the crime of criminal contempt in
the first degree, as defined in such subdivision  (b),  (c)  or  (d)  of
section 215.51 of this article, within the preceding five years.
  Aggravated criminal contempt is a class D felony.

S 215.54 Criminal contempt; prosecution and punishment.

  Adjudication for criminal contempt under subdivision A of section
seven hundred fifty of the judiciary law shall not bar a prosecution for
the crime of criminal contempt under section 215.50 based upon the same
conduct but, upon conviction thereunder, the court, in sentencing the
defendant shall take the previous punishment into consideration.


Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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