What is Criminal Contempt?
Criminal contempt refers to actions that obstruct or disobey the authority of a court. It is essentially a way to penalize behavior that disrupts the legal process or shows disrespect for the court’s authority. This can include failing to follow a court order, disrupting court proceedings, or acting in a manner that undermines the judicial process.
Types of Criminal Contempt in New York
In New York, criminal contempt is classified into different categories, each with specific criteria and consequences:
Criminal Contempt in the First Degree (NY Penal Law § 215.51):
Definition: This is the most serious form of criminal contempt. It involves a willful disobedience of a court order or directive that is intended to prevent a specific type of harm or to ensure compliance with legal obligations.
Examples: Violating an order of protection, failing to adhere to a court-ordered child support arrangement, or interfering with a court-appointed custodian’s duties.
Penalty: A Class E felony, which can result in up to 4 years in prison.
Criminal Contempt in the Second Degree (NY Penal Law § 215.50):
Definition: This charge involves disobeying a court order or engaging in behavior that interferes with the court’s proceedings but does not meet the more severe criteria for first-degree contempt.
Examples: Disregarding a court order to cease certain actions or refusing to comply with a court directive during a proceeding.
Penalty: A Class A misdemeanor, punishable by up to 1 year in jail.
Disorderly Conduct (NY Penal Law § 240.20):
Definition: A catch-all offense for a range of behaviors that disrupt public peace or order.
Examples: Unreasonable Noise, Fighting or Violent Behavior, Obstructing Traffic, Refusing to Disperse:
Defenses Against Criminal Contempt Charges
If you are facing a criminal contempt charge, there are several potential defenses that could be applicable:
Lack of Knowledge: If you can demonstrate that you were unaware of the court order or directive you allegedly disobeyed, this may serve as a defense.
Compliance: Showing that you did, in fact, comply with the court order or directive can negate the charges.
Unintentional Behavior: Proving that your actions were not willful or intentional but rather the result of accident or inadvertence.
Impact of a Criminal Contempt Charge
Being charged with criminal contempt can have serious ramifications. A conviction can lead to imprisonment, fines, and a permanent criminal record, which can impact future employment and other aspects of life. Additionally, for those involved in ongoing legal proceedings, such as family court or civil cases, a contempt charge can complicate matters and affect the outcome of the primary case.
Seeking Legal Help
Given the potential consequences, it’s essential to seek legal representation if you are charged with criminal contempt. An experienced criminal defense attorney can provide guidance on the best course of action, help navigate the legal process, and work towards achieving the best possible outcome for your case.
Contact Us
At The Law Office of Yifei He PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
Request your initial consultation by calling 1 (917) 338-7678 or sending us an online message today.