Criminal Contempt

Criminal Contempt Attorney in New York

Criminal contempt charges in New York are serious offenses that arise when an individual disobeys a court order, disrupts court proceedings, or otherwise shows disrespect for the judicial system. These charges can have significant legal consequences, including fines, probation, or even imprisonment. At Tilem & Associates, PC, our experienced criminal defense attorneys are dedicated to protecting your rights and providing a strong defense against criminal contempt charges.

What Is Criminal Contempt?

Criminal contempt refers to actions that obstruct the administration of justice or violate court orders. This offense is often related to violations of orders of protection, family court orders, or disruptions in a courtroom setting. Criminal contempt charges can be categorized as either direct or indirect:

• Direct Contempt: Occurs in the presence of the court, such as disrupting court proceedings, showing disrespect to a judge, or refusing to testify.
• Indirect Contempt: Involves actions outside of the courtroom, such as violating a restraining order or failing to comply with a court-mandated obligation.

Types of Criminal Contempt Charges in New York

New York law classifies criminal contempt charges into several degrees, each with varying levels of severity and potential penalties.

1. Criminal Contempt in the Second Degree (NY Penal Law § 215.50)
   This is a Class A misdemeanor and is the most common contempt charge. It can result from:
   • Disobeying a lawful court order
   • Refusing to be sworn as a witness
   • Intentionally disrupting court proceedings
   • Violating an order of protection Penalties can include up to one year in jail, probation, and fines.
2. Criminal Contempt in the First Degree (NY Penal Law § 215.51)
   This is a Class E felony, carrying more severe penalties. It involves:
   • Violating an order of protection with intent to harass or intimidate
   • Engaging in physical contact, threats, or repeated communication in violation of a court order
   • Displaying a weapon or causing injury while violating an order of protection A conviction can lead to up to four years in prison, probation, and significant fines.
3. Aggravated Criminal Contempt (NY Penal Law § 215.52)
   This is a Class D felony and applies when an individual causes physical injury while violating an order of protection. The penalties for aggravated criminal contempt are severe, with potential prison sentences of up to seven years, along with fines and other penalties.

Common Scenarios Leading to Criminal Contempt Charges

Criminal contempt charges can arise in a variety of situations, including:

• Domestic Violence Cases: Violating an order of protection by contacting the protected party, even indirectly.
• Family Court Orders: Disobeying custody, support, or visitation orders.
• Courtroom Conduct: Disruptive behavior, refusal to follow a judge’s instructions, or showing disrespect in court.
• Failure to Appear: Missing a required court date or failing to testify when ordered.

Defending Against Criminal Contempt Charges

At Tilem & Associates, PC, we understand that not every alleged violation of a court order is intentional or criminal. Our defense strategies may include:

• Lack of Intent: Demonstrating that the violation was unintentional or occurred due to a misunderstanding.
• Insufficient Evidence: Challenging the prosecution’s evidence, including witness statements or communications records.
• Invalid Court Order: Arguing that the original court order was not valid or properly issued.
• Constitutional Defenses: Protecting your rights if your conduct was protected by free speech or other constitutional rights.

Why Choose Tilem & Associates, PC?

• Experience: Our attorneys have extensive experience handling criminal contempt cases in New York.
• Aggressive Defense: We are committed to challenging the evidence and pursuing every possible defense.
• Personalized Approach: We understand the impact these charges can have on your life and work closely with you to build a strong defense.
• Knowledge of Local Courts: Our familiarity with New York court procedures and personnel can help us navigate your case effectively.

Contact Us Today

If you are facing criminal contempt charges, it is crucial to act quickly. Contact Tilem & Associates, PC, today for a confidential consultation. Our experienced criminal defense attorneys will evaluate your case, explain your legal options, and develop a tailored defense strategy to help protect your rights and your future.