Are you facing criminal contempt charges in New York and feeling overwhelmed? If so, you need and deserve the help of an experienced defense attorney like Michael A. Arbeit who can analyze your case, gather evidence, and build a strong defense. They can also explain your rights, represent you in court, and work toward a favorable resolution.
What Is Criminal Contempt?
In New York, criminal contempt charges arise when someone intentionally defies or disrespects the authority of a court. The New York Penal Code categorizes these offenses into three main levels based on their severity: criminal contempt in the second degree, criminal contempt in the first degree, and aggravated criminal contempt. Let’s review the specifics of each of these offenses.
Criminal Contempt in the Second Degree (NY Penal Code § 215.50)
This level of criminal contempt, a class A misdemeanor, occurs when someone commits an act such as willfully disobeying a lawful court order. This could involve not adhering to a subpoena, violating the terms of a custody order, or ignoring a restraining order in a domestic violence case. Additionally, this charge can apply to individuals who refuse to sign legally required depositions after providing witness testimony in a legal proceeding. Criminal contempt of the second degree usually involves willful non-compliance with court orders, showing a disregard for legal processes and authorities.
Criminal Contempt in the First Degree (NY Penal Code § 215.51)
Criminal contempt of the first degree is a class E felony. This offense involves more serious, contemptuous actions, such as intentionally violating a protective order by threatening, harassing, or physically abusing the protected person. It can also involve repeated instances of following or communicating with a protected individual in a way that violates the terms of a protective order. This charge applies when someone’s actions create an immediate and real threat to the victim’s physical or emotional well-being, escalating the severity to a first-degree offense.
Aggravated Criminal Contempt (NY Penal Code § 215.52)
Aggravated criminal contempt is a class D felony, the most serious level of this offense. Aggravated criminal contempt charges apply when a person not only violates an order of protection but also causes serious physical injury to the protected party. This level of contempt reflects a profound and dangerous level of defiance towards the court and poses a severe threat to individual safety. It is reserved for cases where the violator’s actions result in substantial harm, and the consequences of conviction are commensurately serious.
Legal Penalties for Criminal Contempt
The penalties for criminal contempt in New York vary based on the severity of the offense. Let’s break down what these penalties look like for each level:
- Criminal Contempt in the Second Degree (Class A Misdemeanor): If the court finds you guilty of this charge, you could face up to 364 days in jail and up to $1,000 in fines.
- Criminal Contempt in the First Degree (Class E Felony): This more serious charge can lead to harsher penalties, including up to four years in prison and thousands of dollars in fines.
- Aggravated Criminal Contempt (Class D Felony): Penalties for aggravated criminal contempt, the most severe level, are the most substantial. You could face up to seven years in prison in addition to thousands of dollars in fines for this offense.
There are several other potential consequences for criminal contempt charges apart from fines and jail time. These can include probation, which requires you to follow specific rules and check in regularly with a probation officer. In some cases, you might also have to attend counseling or perform community service.
Defense Strategies for Criminal Contempt Charges
There are several possible legal defenses for criminal contempt charges in New York, including the following:
- Lack of Intent: One potential defense involves arguing that you didn’t intend to break the court’s order. Criminal contempt requires intentional violation. This could be a strong defense if you can show that you didn’t mean to disobey or were unaware that you were doing so.
- Inability to Comply: Another possible defense involves proving that you couldn’t obey the court order. This might be due to financial reasons, physical inability, or other circumstances beyond your control.
- Vagueness of the Court Order: A court order might be unclear or too vague to follow properly. This could be a valid defense if you can prove that the order wasn’t specific enough for you to understand what you were or weren’t supposed to do.
- Improper Service of the Order: You can’t follow a court order you were never given. Proper service is a legal requirement. If the order didn’t reach you in the correct legal manner, you might use this as a defense.
- Self-Defense or Defense of Others: If the contempt charge is for violating a protective order by committing an act of violence, you could argue that you acted in self-defense or defense of others. This defense could apply if you can prove that your actions were a reasonable response to an immediate threat to yourself or someone else.
How a Criminal Contempt Defense Lawyer Can Help
Facing criminal contempt charges in New York can be daunting, but having an experienced lawyer on your side can make a big difference in your case. A knowledgeable defense attorney can help you by:
- Analyzing the specifics of your case
- Questioning the credibility of the evidence against you
- Gathering evidence to support your defense
- Challenging the legality or clarity of the court order
- Negotiating with prosecutors for reduced charges
- Representing you in all court appearances
- Preparing a strong defense strategy for trial
- Seeking alternative penalties to avoid jail time
- Handling appeals if the initial verdict is unfavorable
Contact Our Long Island & New York Criminal Contempt Defense Attorney Today
Are you facing criminal contempt charges in New York? Michael Arbeit, P.C., is here to help. Contact us today for a free consultation so you can tell us your story, and let’s discuss how we can protect your legal rights.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Freeport, Nassau County, Suffolk County, Garden City, and New York, as well as Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.
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.