Criminal Contempt Attorney
Actions that show contempt towards the court are not only disrespectful, but potentially illegal as well. A Criminal Contempt charge is a serious offense that can carry serve punishment. Criminal defense lawyer Andrew DeLuca is familiar with every aspect of handling Criminal Contempt cases and will mount a vigorous defense for every client.
Andrew DeLuca has extensive experience in the criminal courts throughout Albany, Latham, Schenectady, Troy, Saratoga, Glens Falls and throughout Upstate New York. Contact him today for a free consultation.
Criminal Contempt in New York State
Criminal Contempt in NY State Penal code has varying degrees, and it can be charged as a misdemeanor or a felony offense.
Criminal Contempt in the Second Degree, a Class A misdemeanor is charged when someone is seen as disobedient towards the court. This can include the following:
- Inappropriate conduct or creating a disturbance that interrupts court proceeding
- Refusing to obey with a court order or process
- Refusing to be sworn in as a witness in a legal proceeding
- Knowingly publishing a false or grossly inaccurate report of a court proceeding
Criminal Contempt in the First Degree is a Class E felony and as with any felony, is a severe charge that needs to be defended against vigorously. This particular charge is usually used when there is a violation of an order of protection. You can violate an order of protection in the following ways:
- Displaying a deadly weapon to the person who was protected by the order of protection because they feared physical injury or death.
- Repeatedly following the protected person.
- Attempting to communicate with the person in any form.
- Intending to harass, annoy or threaten the person by repeated phone calls.
- Making or attempting to make physical contact with the person.
- Damaging property that belongs to the person.
Order of Protection Violation
Criminal Contempt is commonly charged when there is a violation of an Order of Protection. Order of protections are most often issued for incidences of domestic violence and matrimonial and family court proceedings. An Order of Protection can be complicated, for example, even if the victim initiates the contact and the defendant responds to the victim he/she will violate the Order of Protection.
If you’re being accused of criminal contempt or have been arrested it’s best to contact a criminal defense attorney as soon as possible. Early intervention can lead to better outcomes because an attorney will prevent law enforcement from violating your rights and the attorney can explore opportunities minimize the charges filed against you.
Aggravated Criminal Contempt
The most serious of Criminal Contempt charges is Aggravated Criminal Contempt which is a class D felony and carries a heavy jail sentence. This crime can occur under a couple conditions.
1. Someone violates an order of protection by injuring the protected person.
2. In the case that someone has been charged with Criminal Contempt in the First Degree and previously convicted of Aggravated Criminal Contempt, the First Degree charge will be increased to aggravated.
Criminal Contempt Defense
If you have been charged with Criminal Contempt, it’s essential that you contact an experienced criminal defense attorney to handle your case. Attorney Andrew DeLuca can provide you with a free consultation to help you explore your options. Mr. Andrew DeLuca will fight tirelessly on your behalf to get the best possible outcome for your case.
Contact us today for a free consultation by filling out the form below or contacting us at 518-245-9109