Criminal Contempt Lawyer New York

Criminal Contempt is a serious charge in New York and often arises in emotionally charged situations such as domestic disputes, court order violations, or interactions with law enforcement. Even a minor misunderstanding or accidental contact can lead to an arrest, and the consequences can be severe. A conviction may result in jail time, fines, probation, and long-term restrictions that affect your freedom and reputation.

At the Law Offices of Matthew Cohan, we represent individuals facing all levels of contempt charges. We understand how quickly these cases escalate and how critical it is to have an experienced defense attorney guiding you through every step.

What Is Criminal Contempt in New York?

Criminal Contempt involves violating a court order, such as a Stay Away Order of Protection, or acting in a manner that interferes with the authority or proceedings of the court. The most common scenarios involve allegations of violating an order of protection, ignoring court directives, or exhibiting disruptive behavior in court.

Criminal Contempt in the Second Degree (PL § 215.50)

This is typically charged when a person intentionally disobeys a lawful court order. It is a Class A misdemeanor and can include allegations such as:

• Violating a temporary or final order of protection
• Intentionally disobeying or resisting a lawful court order
• Failing to appear in court when properly directed
• Refusing to be sworn in or answer proper questions as a witness
• Engaging in disorderly, contemptuous, or insolent behavior during court proceedings

Penalties:

• Jail: Up to one year (364 days)
• Probation: Up to 3 years
• Fines and surcharges
• Mandatory counseling or treatment programs
• Restrictive conditions related to the underlying order
• Permanent criminal record (no expungement)

The most common scenario involves violating an order of protection by contacting the protected party. Even if the protected party initiates contact or wants to reconcile, you can still be arrested and charged if you respond. The "strict liability" nature of order of protection violations means that good intentions or mutual desire for contact provide no legal defense.

Criminal Contempt in the First Degree (PL § 215.51)

This is a Class E felony and involves more serious conduct, often related to violations of orders of protection involving threats, physical contact, stalking, or repeated violations. Common accusations include:

• Refusing to be sworn as a witness before a grand jury or refusing to answer legal questions after being sworn
• Violating an order of protection by displaying a weapon or firearm to place another person in fear of physical injury, serious physical injury, or death
• Violating an order of protection by intentionally placing another person in reasonable fear of physical injury, serious physical injury, or death through physical menace
• Violating an order of protection by stalking (intentionally engaging in a course of conduct directed at a specific person that places them in reasonable fear)
• Violating an order of protection by engaging in threatening or harassing electronic communication
• Repeatedly making phone calls with no legitimate conversational purpose to annoy, alarm, or harass
• Committing Criminal Contempt in the Second Degree when previously convicted of aggravated criminal contempt or Criminal Contempt in the First or Second Degree within the preceding five years

Penalties:

• Prison: Up to 4 years in state prison
• Probation: Up to 5 years
• Fines: Up to $5,000
• Supervised release
• Permanent felony record with all associated consequences

A felony conviction can lead to devastating long-term consequences affecting employment, housing, professional licensing, and immigration status.

Common Defenses to Criminal Contempt Charges

A contempt allegation does not automatically mean guilt. Several strong defenses may apply depending on the facts.

Lack of Intent

The prosecution must prove you knowingly and intentionally violated a court order. Miscommunication, accidental contact, or unintentional violations may not meet the legal threshold.

Improper Service or Lack of Knowledge

You cannot violate an order you were never properly served with or never informed about. We demand proof of proper service and examine whether you received adequate notice of the order's terms.

False Allegations

Criminal contempt charges often arise in contentious relationships where accusations may be exaggerated, fabricated, or motivated by custody disputes, financial issues, or revenge. We investigate the complaining witness's credibility and motives.

Ambiguous or Overly Broad Orders

If an order of protection is unclear, confusing, or overly restrictive about what contact was prohibited, it may not form the basis for criminal liability.

Insufficient Evidence

The burden is on the prosecution to prove each element beyond a reasonable doubt. We challenge weak evidence and inconsistencies in witness testimony.

Constitutional Violations

If evidence was obtained unlawfully or your rights were violated during the arrest or investigation, key evidence may be suppressed.

Why Choose the Law Offices of Matthew Cohan?

As your New York criminal defense lawyer with experience as a former prosecutor, we understand exactly how District Attorneys build contempt cases and where their evidence is most vulnerable. Having prosecuted domestic violence and contempt cases, we know how prosecutors establish knowledge, prove intent, and use order of protection violations to gain leverage in related cases. We know which arguments persuade judges to dismiss charges or suppress evidence, and how to negotiate favorable dispositions that protect your record and freedom.

The Law Offices of Matthew Cohan examines every detail of your case, challenges weak evidence, and builds a comprehensive defense tailored to your circumstances. We focus on minimizing consequences, preventing unnecessary jail time, and preserving your freedom and reputation. Whether through negotiation, hearings, or trial, we stand with you every step of the way.

Charged with Criminal Contempt? Contact A Criminal Contempt Lawyer

A criminal contempt charge can greatly impact your life. Swift action is essential to protecting your rights and achieving the best possible outcome.

Contact the Law Offices of Matthew Cohan today for a free, confidential consultation and learn how we can help you move forward.