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Charged with Criminal Contempt?
Criminal Contempt Defense Attorneys
Experienced Representation for Order of Protection Violations & Court-Order Charges
Under New York law, Criminal Contempt is charged when a person fails to comply with a court order, direction, or proceeding. The most common example occurs when someone receives an order of protection in criminal court and is later alleged to have contacted or communicated with the protected party in violation of that order. A person can only be charged with criminal contempt if they are accused of violating a direct instruction or order issued by a judge. These cases can arise unexpectedly, and even unintentional or minor contact with the protected person may lead to an arrest.
Criminal Contempt Attorneys | Albany, New York
Being charged with Criminal Contempt 
can have serious and immediate consequences. These allegations often arise during emotional or stressful situations especially when a person is accused of violating an order of protection. Whether the charge stems from a misunderstanding, accidental contact, false allegations, or a complex family or criminal court matter, you need an experienced criminal contempt lawyer who can protect your rights and help you navigate the legal system.
Degrees of Criminal Contempt Charges
New York law provides for several levels of Criminal Contempt, including:
Criminal Contempt in the Second Degree – PL § 215.50
A Class A misdemeanor involving allegations such as disobeying a court order, violating an order of protection, or disrupting a court proceeding.
Criminal Contempt in the First Degree – PL § 215.51
A Class E felony often charged when a person is accused of violating an order of protection through threats, repeated contact, or conduct causing fear or injury.
Aggravated Criminal Contempt – PL § 215.52
A Class D felony, typically involving allegations of causing physical injury to a protected person in violation of an order of protection.
Any conviction, misdemeanor or felony, creates a permanent criminal record and can affect employment, housing, custody matters, immigration status, and future legal proceedings. This is why it is critical to consult a skilled New York criminal contempt defense attorney as soon as possible. To learn more about Orders of Protection click here.
FAQs About Criminal Contempt
Criminal Contempt in the Second Degree is a misdemeanor. You can be charged with Criminal Contempt in the Second Degree, in violation of N.Y. Penal Law Section 215.50 when it is alleged that you have done or committed any of the following conduct:
- Disorderly or disrespectful behavior committed while in Court and interrupting or impairing the authority of the court, N.Y. Penal Law Section 215.50(1).
- Disturbing court proceedings, N.Y. Penal Law Section 215.50(2).
- Intentional Disobedience to Law Process or Mandate of a court, N.Y. Penal Law Section 215.50(3).
- Refusing to be sworn as a witness or participate in a court proceeding, N.Y. Penal Law Section 215.50(4).
- Knowingly Providing False or Inaccurate Reports of a court proceeding, N.Y. Penal Law Section 215.50(5).
- Avoiding Jury Service, N.Y. Penal Law Section 215.50(6).
- Conduct close to the courthouse trying to interfere with the Court, a jury, or a trial, N.Y. Penal Law Section 215.50(7).
Yes. If you intentionally disobey an order of the court, you may be charged with Criminal Contempt in the Second Degree in violation of N.Y. Penal Law Section 215.50(3). For this charge, it will be alleged that a person was ordered to have no contact or limited contact with a protected party and that someone intentionally had contact or communication in direct violation of the previously issued Order of Protection.
Criminal Contempt in the Second Degree, is a class A misdemeanor. A conviction for this crime can result in the following penalties:
- Up to 1 year in the local or County Jail.
- Up to 3 years of Probation.
- Up to $1000 in fines.
- Restitution, if applicable.
Criminal Contempt in the First Degree is a felony. You can be charged with Criminal Contempt in the First degree, in violation of N.Y. Penal Law Section 215.51 when it is alleged that you have committed any of the following acts:
- Refusing to be sworn as a witness before a grand jury, or having been sworn as grand jury witness, refusing to answer questions, N.Y. Penal Law Section 215.51(a);
- Violating an Order of Protection by:
- Menacing or Threat, N.Y. Penal Law Section 215.51(b)(i).
- Stalking, N.Y. Penal Law Section 215.51(b)(ii).
- Instilling Fear by Electronic Means, N.Y. Penal Law Section 215.51(b)(iii).
- Repeated Telephone Calls, N.Y. Penal Law Section 215.51(b)(iv).
- Striking, Kicking, or Other Physical Contact, N.Y. Penal Law Section 215.51(b)(v).
- Physical menace by placing the protected party in fear of death, or imminent serious physical injury or injury, N.Y. Penal Law Section 215.51(b)(vi).
- Intentionally violating the Order of Protection when you have a previous conviction of Criminal Contempt within the last 5 years, N.Y. Penal Law Section 215.5(c); and
- Intentionally or Recklessly causes $250 or more damages to the property of the protected party N.Y. Penal Law Section 215.51(d).
Yes. If you violate a lawfully issued Order of Protection you may be charged with a felony if you have contact with the protected person and also cause fear or threaten the use of death, or injury and/or commit any of the following acts:
- Display a deadly weapon; Dangerous Instrument; Pistol, revolver, rifle, shotgun; machine gun.
- Repeatedly follow the protected party.
- Repeatedly commit prohibited acts over a period of time.
- Send threatening messages by phone, email or other communications.
- Make telephone calls for no legitimate purpose.
- Strike; shove, kick or threatens to do the same.
Criminal Contempt in the First Degree, in violation of N.Y. Penal Law Section 215.51, is a class E Felony and is subject to the following penalties:
- Up to 4 years in State Prison/Department of Corrections and Community Supervision.
- Up to 5 years of Probation.
- Up to $5000 in fines or double the gain from the crime; and
- Restitution, if applicable.
Aggravated Criminal Contempt is a Felony. You can be charged with Aggravated Criminal Contempt when you:
- Intentionally or recklessly cause serious physical injury or injury to the protected party.
- Commit the crime of Criminal Contempt in the First degree in violations of N.Y. Penal Law Sections 215.51(b) or 215.51 (d) and have been convicted of Aggravated Criminal Contempt in the past; and
- Have previously been convicted of Criminal Contempt in the First Degree in the past 5 years.
Yes. If you violate an existing Order of Protection and either recklessly or intentionally cause injury to the protected party, you may be charged with Aggravated Criminal Contempt.
Criminal Contempt in the First Degree, in violation of N.Y. Penal Law Section 215.52, is a class D Felony and is subject to the following penalties:
- Up to 7 years in State Prison/Department of Corrections and Community Supervision;
- Up to 5 years of Probation.
- Up to $5000 in fines or double the gain from the crime; and
- Restitution, if applicable.
Orders of Protection are orders issued by a Judge. They are not orders by law enforcement, district attorney’s offices, or the person whom it protects but an Order of Protection is often requested to the Judge from one of these individuals. Just like any other order a Court makes, only a Court may amend, remove, or otherwise alter or modify its contents.
In New York, Orders of Protection can only be issued in criminal court or family court. Family Court Orders of Protection often have identical types of terms and conditions as criminal orders of protection.
Orders of Protection may be temporary or final. Temporary Orders of Protection typically are issued when someone is arrested for a crime that involves a victim. These types of orders usually last as long as the case against you is pending. At the conclusion of your case, the order is either dismissed or it becomes final, depending on the outcome of the charges against you.
All Orders of Protection have an expiration date, even those called “permanent” or “final”.
An order of Protection on a violation can last up to 2 years from the date of sentence or 2 years from release of incarceration.
An Order of Protection on a misdemeanor can last up to 5 years past the maximum jail sentence or 5 years from the date of the sentence if there was no jail. On a sexual assault case the Order of Protection can last up to 6 years from the date of the sentence/ release from incarceration.
An Order of Protection on a felony conviction can last as long as 8 years past the maximum prison sentence imposed or ten years from the date of the sentence.
An Order of Protection is issued by a Judge and therefore, only a Judge can change the Order of Protection. If the protected person does not believe they need the order or do not wish to have it any longer, they should speak to the district attorney’s office, a victim advocate at the district attorney’s office, or to the Judge directly on a scheduled court date. However, until a court formally lifts or cancels the order, you must comply with the order.
If the protected person comes to your workplace, or reaches out to you, you must avoid any contact or communication with them. You may wish to block them on social media or on your phone.
If that does not stop the behavior, you should talk to your attorney about what you can do. If you are in fear for your safety or believe you are now the victim of a crime, you may wish to contact law enforcement to file a complaint against the other party.
@lawyergeorge Can I talk to a person who has an order of protection against me? #law #lawyer #lawyergeorge #legaltiktok #lawyersoftiktok #lawfirm #orderofprotection
Yes. There are some Orders of Protection that allow parties to have contact with each other. This type of Order of Protection is often referred to as a “refrain from” or No Illegal Contact Order of Protection. This type of order is rare. It’s an Order that says you must refrain from committing any crime against the other party. Before you have contact with the protected party, you must confirm that the order issued against you allows it.
The actions the Order of Protection prohibit include any contact, even if you feel its nice, friendly, or apologetic. As an example, if the person texts you “I’m sorry, I hope we will be ok.” And you respond, “I’m sorry too,” you have committed a crime. Remember, the order is not against them, so they have committed no crime. That may sound harsh or unfair, but it is an order from the court that you must comply with. Any attempt by the protected person to contact you in any form, should be documented and ignored. Violation of a court order is a very serious crime. Even if you want to make up, you cannot have any contact with the other person until the Order of Protection is amended or lifted.
There are any number of other provisions an order may contain, so it’s important you understand those as well. Importantly, regardless of what provisions it contains, it is a federal crime to possess a firearm when there is an order of protection against you.
It does not matter whether:
- the order is temporary or final;
- what provisions it includes;
- it is a criminal or family order of protection;
- the firearm is not owned by you;
- the firearm is subject to licensing requirements;
- the order is from a local or state court.
If you own any firearm at the time an order of protection is placed against you, you must immediately transfer them out of your possession, usually within 24 hours. As long as the order is in place, do not go target shooting or hunting.
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