Criminal contempt 2nd in violation of penal Law to 15.5003-misdemeanor-a person is guilty of criminal contempt in the 2nd degree when he or she engages in any of the following conduct intentional disobedience or resistance to the lawful process or other mandate of the court except in cases involving or growing out of labor disputes as defined by subdivision 2 of section 753 of the Judiciary Law.
Typically these type of cases result from a family member, spouse, ex-girl friend or boyfriend whereby individual is not supposed to be contacting a specific individual because of a court order that may have resulted from a Family Court order of protection or a prior criminal charge. In some instances even though the person with the order of protection does not want the order of protection the court will not dispose of the order of protection due to the other persons criminal record. In some instances an individual is charged with criminal contempt as a result of a police officer stopping or being present when the individual is with the person who has the order of protection.
Criminal contempt charges are brought when an individual fails to comply with a court order or is disrespectful to the court. Most criminal contempt charges are brought for failing to comply with an Order For Protection or a Restraining Order.
Criminal contempt charges can be either misdemeanor charges or felony charges, depending on the severity of the conduct. For obvious reasons, you will want to retain experienced counsel as soon as possible to limit the impact of the criminal contempt charges and provide yourself with the best opportunity for a favorable disposition.
The Law Offices of Shawn R. Kassman in Central Islip can provide you with a quality defense against New York criminal contempt charges in courts throughout Suffolk County and Nassau County, including Bayshore, Oakdale, Sayville, Riverhead, Port Jefferson, Brentwood and Holtsville.
To speak with an experienced Suffolk County criminal defense attorney about your New York criminal contempt charges or other court order violation, please call 631-232-9479 (toll-free 1-888-545-2944).
Because most criminal contempt charges are based on violating an Order Of Protection, you should familiarize yourself with the types of Orders of Protection. At the outset, the court will issue a Temporary Order of Protection to ensure an alleged victim is afforded protection until the case can be heard.
At the hearing, if the judge finds cause, the judge will issue an Order of Protection, which can be a Full Order of Protection (also called a “stay away” order), which requires the defendant to stay away and avoid contact with the victim, including at home, work and other places frequented by the victim. An intentional violation of this order will result in criminal contempt charges, which could be a Class A misdemeanor or a Class E felony, depending on circumstances. Both are serious charges.
At the hearing to make the Order of Protection permanent, the judge could issue a Limited Order of Protection that prohibits the defendant from harming, threatening or harassing the victim. With this type of Order of Protection, the defendant can be in the vicinity of the victim and have contact with the victim. Violation of this type of Order of Protection will also lead to criminal contempt charges.
Criminal contempt charges for failing to comply with a court order can be a mark on your permanent record and impact your ability to work or secure employment. Choose an experienced criminal defense attorney and do not take these charges lightly. You have a lot at stake.
If you have questions related to New York criminal contempt charges or want more information about the criminal law process, please call criminal defense attorney Shawn Kassman or a member of his legal team at 631-232-9479 (toll-free 1-888-545-2944), or fill out our online intake form. We are available 24 hours a day, seven days a week and defend clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead, and both Suffolk and Nassau Counties. Our Central Islip law offices are conveniently located down the street from the courthouse, and we will aggressively fight for your freedom and the protection of your rights.
We also serve clients in the following areas:
Huntington, Brookhaven, Babylon, Bayshore, blue point, Bohemia, Oakdale, Center Moriches, Centereach, Centerport, mastic, cold Spring Harbor, Commack, Northport, Coram, Deer Park, Hauppage, Islandia, Lake Grove, Manorville, Lindenhurst,, including Smithtown, Huntington, Brookhaven, Babylon, Bayshore, Islip, Amityville, Bayport, Bellport, Blue Point, Bohemia, Brentwood, Center Moriches, Centereach, Centerport, Central Islip, Cold Spring Harbor, Commack, Copiague, Coram, Deer Park, East Northport, East Setauket, Farmingdale, Farmingville, Greenlawn, Hauppauge, Holbrook, Holtsville, Huntington Station, Islandia, Kings Park, Lake Grove, Lake Ronkonkoma, Lindenhurst, Manorville, Mastic, Mastic Beach, Medford, Melville, Middle Island, Mt. Sinai, Nesconset, Northport, North Babylon, Patchogue, Port Jefferson, Port Jefferson Station, Ridge, Riverhead, Rocky Point, Ronkonkoma, St. James, Sayville, Selden, Setauket, Shirley, Shoreham, Sound Beach, Southold, Stony Brook, Wading River, West Sayville, West Islip, Woodbury, Wyandanch, Yaphank, Syosset, Jericho, Massapequa, Plainview, Brooklyn, Queens, Westchester, Staten Island, Orange County, and Manhattan.