Contact Us Today

Suffolk County (631) 265-1052

Nassau County (516) 280-2160

I am Proud to have represented over 1,000 Long Island and NYC residents over my career.
click here tocontact Ed
click here to requestcontact Ed

Is Contempt of Court a Felony on Long Island?

Contempt of court is an act or omission that interferes with the proper administration of the court or disrespects the authority and dignity of the court. The primary objective behind punishing contempt of court is to preserve the effectiveness and sustain the legitimacy of the judicial system. A court’s power to hold someone in contempt is a necessary tool in its arsenal to maintain the rule of law, as defiance of court orders can render the judicial process meaningless.

A conviction of criminal contempt in New York can have significant legal and non-legal consequences on an individual’s life. Working with an experienced Long Island criminal contempt attorney is crucial to defend against the charges and protect your best interest. At Edward Palermo Criminal Defense, our team of skilled Long Island criminal defense attorneys can help you navigate the legal complexities surrounding criminal contempt charges in New York. You don’t have to face these charges alone. Contact us today at (516) 280-2160 or (631) 265-1052 to schedule a consultation.

Contempt of Court on Long Island

Contempt of court is defined as the willful disregard or disobedience of a court’s authority or the act of intentionally acting disrespectfully towards a court or judge in a legal proceeding. This behavior undermines the court’s ability to function effectively and fairly, and it is a punishable offense. The authority to hold individuals in contempt enables judges to enforce their orders and maintain courtroom decorum, ensuring that their judgments are respected, and disruptive parties are held accountable for their actions.

On Long Island, NY, contempt of court may be civil or criminal, and it is governed by New York State law. Contempt proceedings take place in various courts across the Long Island region, including Nassau County and Suffolk County courts. 

New York State Laws on Contempt

Under New York State law, contempt of court is divided into two categories: criminal contempt and civil contempt. Each type has distinct provisions and punishments, depending on the nature of the contemptuous act.

Criminal Contempt

Criminal contempt is when an individual purposely disobeys a court order, interferes with the proper functioning of the court, or disrupts court proceedings. It generally involves disrespectful behavior or actions that are meant to undermine the authority, dignity, or integrity of the court. In New York, criminal contempt may result in penalties such as imprisonment, fines, or both. There are various degrees of criminal contempt, with escalating responses based on the severity of the offense.

  • First-degree criminal contempt is the most serious, being a class E felony, and may result in up to 4 years in prison and additional fines and surcharges. It often involves actions such as threatening or causing bodily harm to a person protected by a court order or disobeying a stay-away order. 
  • Second-degree criminal contempt may include actions like violating protective orders or restraining orders. This offense is a class A misdemeanor, the conviction of which can lead to a maximum prison sentence of up to one year in jail and/or 18 months in probation and fines.

There are two main categories of criminal contempt of court: direct contempt and indirect contempt.

Direct Contempt

Direct contempt is an act of contempt committed in the presence of the court or during a legal proceeding. It includes any behavior that undermines the court’s dignity or disrupts the orderly conduct of the trial, such as inappropriate language, disrespectful conduct, or failure to comply with the court’s instructions. In cases of direct contempt, the judge can take immediate action, such as imposing a fine or incarceration, without the need for a separate hearing or due process. This is because the judge has directly witnessed the contemptuous act and can impose a just punishment based on their observation.

Some examples of direct contempt could include:

  • Yelling or interrupting the judge or other court participants during the proceedings.
  • Threatening or engaging in physical violence within the courtroom.
  • Refusal to take an oath as a witness or provide testimony when ordered to do so.

Indirect or Civil Contempt 

Indirect contempt, sometimes referred to as constructive contempt, occurs outside the presence of the court and typically involves the violation of a court order. Unlike direct contempt, indirect contempt requires a separate hearing to establish evidence of the contemptuous act and to allow the accused an opportunity to defend their actions. The due process requirements in cases of indirect contempt are crucial, as the judge was not a direct witness to the alleged misconduct and must rely on third-party reports and evidence. Civil contempt is meant to be remedial in nature, and its goal is to ensure compliance with the court’s orders, rather than to punish the offender.

Examples of indirect contempt could include:

  • Disobeying a court order, such as not paying child support or defying a restraining order.
  • Interfering with the judicial process, such as tampering with evidence or obstructing court proceedings.
  • Communicating with jurors or attempting to influence their verdict outside the scope of the trial process.

Examples of Contemptuous Conduct

Various acts and behaviors can be considered contemptuous, depending on the circumstances. Some common examples include:

  • Disrespectful language or gestures: Using profanity or derogatory language aimed at the judge, attorneys, witnesses, or court staff, or displaying inappropriate gestures towards them, can constitute contempt.
  • Disobedience of court orders: Failing to comply with a court order, whether delivered orally or in writing, can result in a finding of contempt. This may include failure to appear in court, pay fines or fees, comply with conditions of probation, or respect the terms of a restraining order.
  • Disrupting court proceedings: Loud or unruly behavior, refusing to comply with court etiquette, or displaying threatening behavior in the courtroom may all be considered contemptuous acts.
  • Impeding the administration of justice: Acts that interfere with the effective functioning of the court may be considered contempt. Examples include interfering with court officers’ performance of their duties, tampering with evidence, or bribing or threatening a witness.
  • Failure to pay court-ordered support: Unlawful refusal to pay child or spousal support as mandated by a court order can be considered an act of contempt.

Understanding the concept of contempt of court, its types, and examples of contemptuous conduct is essential to comprehending the impact of criminal contempt charges. Criminal contempt charges are applied to ensure that individuals respect the rule of law, maintain the authority of the courts, and uphold the fair administration of justice.

Examples of Contemptuous Conduct Description
Disrespectful language or gestures Using profanity or derogatory language, or displaying inappropriate gestures aimed at the judge, attorneys, witnesses, or court staff.
Disobedience of court orders Failing to comply with a court order, whether it’s failing to appear in court, pay fines or fees, comply with conditions of probation, or respect the terms of a restraining order.
Disrupting court proceedings Engaging in loud or unruly behavior, refusing to comply with court etiquette, or displaying threatening behavior in the courtroom.
Impeding the administration of justice Interfering with the effective functioning of the court, such as interfering with court officers’ duties, tampering with evidence, or bribing or threatening a witness.
Failure to pay court-ordered support Unlawfully refusing to pay child or spousal support as mandated by a court order.

Contempt of Court as a Felony

Contempt of court can be classified as either a misdemeanor or a felony, depending on the severity of the actions. In New York, contempt of court is considered a felony when there are aggravated circumstances present or when the accused has committed repeat offenses.

Aggravated Circumstances

Aggravated circumstances refer to situations where contemptuous behavior is combined with other criminal actions or is considered especially severe. This could include situations where the accused disobeys a court order that results in the physical harm of another individual, such as violating an order of protection and subsequently assaulting the protected party. These situations can elevate the contempt charge to a felony level.

Repeat Offenses

If an individual has previously been found guilty of contempt, a subsequent charge may be considered a felony. For example, if a person has been convicted of criminal contempt in the second degree, a new charge of criminal contempt in the second degree would be considered a felony.

Potential Penalties for Felony Contempt Charges

Felony contempt charges have more severe penalties than misdemeanor charges. Potential penalties for felony contempt of court convictions in New York can include jail or prison sentences, fines and financial penalties, and probation.

Jail or Prison Sentences

Depending on the severity of the offense and the classification of the felony, prison sentences for felony contempt of court convictions can range from a minimum of one year to a maximum of seven years. For Class E felonies, the term may be between one and four years.

Fines and Financial Penalties

In addition to jail or prison time, fines and financial penalties can be imposed for felony contempt charges. These fines can reach up to $5,000, depending on the specific offense and the circumstances surrounding the case. If the contempt charges were incurred due to a willful violation of a child or spousal support order, the defendant may also be required to pay any outstanding balance they have.

Probation and Other Alternative Sentencing

In some cases, probation may be an option for individuals convicted of felony contempt charges. Probation allows the accused to remain in the community under supervision instead of serving a jail or prison sentence. The length of the probationary period can vary depending on the offense and the individual’s criminal history. Other alternative sentencing options, such as community service, counseling, or anger management classes, may also be considered in lieu of—or in addition to—jail or prison time.

Legal Defense for Contempt of Court Charges

Contempt of court charges can result in serious consequences, including fines and jail time. If you are facing such charges, it is essential to understand the legal defenses available to you and to consult with an experienced criminal defense attorney. While the specific defense strategy will depend on the facts of your case, some common defenses include:

Legitimate Excuses or Misunderstandings

In some cases, you might have a legitimate excuse for the conduct that led to the charge. For example, if you failed to comply with a court order but had a valid reason for doing so, you may be able to demonstrate that your noncompliance was not willful and intentional. If there was a misunderstanding about the terms of the court order or the deadline to comply, you might be able to argue that the situation resulted from a genuine mistake rather than a willful disregard for the court’s authority.

Lack of Intent

To be found guilty of contempt of court, a person must usually have acted with an intentional, willful disregard of the court’s authority. If you can show that your actions were not done with the intent to defy the court or disrespect its authority, this could be a strong defense. This might be particularly relevant if the alleged contemptuous act was unintentional or arose from an honest mistake or misunderstanding.

Insufficient Evidence

In other cases, you may be able to challenge the evidence against you as insufficient to support a finding of contempt. For instance, if the prosecutor cannot prove that you knowingly and willfully violated a court order or that your conduct actually disrupted court proceedings, you might be able to argue that the charges should be dismissed. Additionally, if the court order you allegedly violated was vague or ambiguous, you may be able to argue that it was not clear enough to support a finding of contempt.

To build a robust legal defense strategy, consulting a skilled Long Island criminal contempt attorney is necessary. An attorney can thoroughly investigate the circumstances of your case and determine the appropriate legal defense. An attorney may also be able to negotiate a reduction of the charges or pursue their dismissal.

Getting the Help of a Skilled Long Island Criminal Contempt Attorney

A felony contempt conviction can have a profound impact on various aspects of one’s life, from employment to personal relationships and civil rights. It can make it difficult to find a job and restrict access to certain careers requiring licenses. The social stigma can strain relationships and lead to isolation. Felony convictions may result in limitations on voting rights and firearm possession. Failure to disclose a felony conviction can have negative repercussions in various applications and forms. It is important to consult with an attorney to navigate the legal challenges and minimize the impact of a felony contempt conviction.

At Edward Palermo Criminal Defense, our team of experienced Long Island criminal defense attorneys works diligently to provide top-rated legal assistance and representation in Nassau and Suffolk County. We understand the impact a felony conviction can have on a person’s personal relationships and professional prospects. Take a proactive approach toward your legal defense today. Contact us at (516) 280-2160 or (631) 265-1052 to schedule a consultation with one of our attorneys.