Long Island Criminal Contempt Attorney
Skilled Criminal Contempt Lawyers in Long Island, NY
I have been given the highest rating of 10- SUPERB by AVVO and I am recognized by many legal organizations as a leader in criminal defense.
Long Island Criminal Contempt Lawyer – Edward Palermo – NY Criminal Attorney
Defying the court is not only disrespectful; it is against the law. When the court issues orders, the involved individual is required by law to comply. When this does not happen, criminal contempt charges can follow.
Criminal contempt is a serious criminal charge and carries a set of significant penalties, including fines and possible jail time. If you are facing criminal contempt charges in New York, it is crucial to get experienced legal guidance. Criminal defense attorney Edward Palermo is an experienced Long Island criminal contempt lawyer with over 29 years of experience representing individuals facing criminal charges.
Criminal contempt is a serious charge and can result in equally serious penalties. You will also be left with a criminal record that can tarnish your reputation and affect your everyday life. At Edward Palermo Criminal Defense, Long Island criminal contempt attorney Edward Palermo and our team of top-rated attorneys in Long Island aim to protect your legal rights and your future with the full strength of the law.
Call us at (631) 265-1052 to schedule a free consultation with a skilled criminal attorney regarding your charges in Long Island, NY.
Criminal Attorney Edward Palermo Discusses New York Criminal Contempt
Most people are familiar with the term contempt of court when things get unruly during a television courtroom drama. But criminal contempt is not just a reprimand. It is a serious criminal charge and carries its own set of penalties.
Criminal contempt charges can be either direct or indirect. While direct contempt behavior interrupts a court and its proceeding, indirect contempt generally stems from an individual disobeying the court from outside the courtroom, such as defying a court order. Whenever an individual defies or disrespects the court, either directly or indirectly, charges of criminal contempt can be brought.
If you are facing criminal contempt charges, you must take them very seriously. The court does. Getting the skilled legal representation of an attorney as soon as possible is crucial. Long Island criminal contempt lawyer Edward Palermo and his team of Long Island criminal attorneys have dedicated their practice to those facing the criminal justice system in NY. Everyone is entitled to legal counsel when they have been charged with a crime. Don’t trust yours to chance.
If you need a lawyer from Long Island for your criminal case, contact us today.
Criminal Contempt in the Second Degree
Criminal contempt in the second degree refers to various disruptions to the workings of a court and can be charged when an individual has been ruled disobedient in or near a court proceeding.
|Criminal Contempt Offense||Description||Classification|
|Second Degree Criminal Contempt||Various disruptions to the workings of a court, including behaving disorderly, disturbing court proceedings, disobeying court process or mandates, refusing to cooperate as a witness, publishing false reports of court proceedings, refusing to obey laws or rules regarding commissioners of jurors, engaging in loud protests near a courthouse calling for specific court or jury action.||Class A Misdemeanor|
|First Degree Criminal Contempt||Violation of an order of protection, such as making physical contact or attempting to contact the protected person, repeatedly calling or communicating with the protected person, following the protected person, damaging their property, putting them in fear of injury or death, or displaying a deadly weapon to them.||Class E Felony|
Under New York Penal Law § 215.50, criminal contempt can be charged when an individual:
- Behaves in a disorderly way during the sitting of a court
- Disturbs the court with noises or other disturbances intended to interrupt the court’s proceedings
- Intentionally disobeys or resists the lawful process or other mandates of the court except in cases of labor disputes
- Refuses to be sworn in as a witness or refuses to answer questions during a court proceeding
- Publishes false reports of a court proceeding
- Refuses to obey laws or rules regarding the establishment of commissioners of jurors and their duties or refuses to be sworn in as provided by law
- Engages in loud protests calling for a specific action of the court or jury within two hundred feet of the courthouse where the related trial is taking place
Criminal contempt in the second degree is considered a Class A misdemeanor.
At Edward Palermo Criminal Defense, our team of Long Island attorneys, along with attorney Ed Palermo, prioritize protecting your freedom and rights. If you face Long Island criminal contempt charges, speak to a criminal attorney immediately.
For a free consultation regarding your criminal case, call our office at (631) 265-1052.
Criminal Contempt in the First Degree
Under New York Penal Code § 215.51, criminal contempt in the first degree is most commonly charged when there is a violation of an order of protection. An order of protection orders a defendant to stay away from another individual and generally involves incidents of alleged domestic violence.
Violations of an order of protection can include:
- Making physical contact or attempting to make contact with the protected individual
- Repeatedly calling that person
- Communicating with that individual
- Following the protected person
- Damaging property owned by that person
- Putting that individual in fear of injury or death
- Displaying a deadly weapon to that individual
Regardless of who initiated contact, the defendant can still violate the protective order.
Criminal contempt in the first degree is considered a Class E felony.
Long Island defense attorney Edward Palermo and his team of legal professionals understand the importance of having a solid defense strategy when facing criminal contempt charges. You don’t have to face the justice system alone.
To learn more about criminal contempt charges in Long Island, NY, contact Edward Palermo Criminal Defense today at (631) 265-1052.
Criminal Lawyer Edward Palermo Explains Aggravated Criminal Contempt
Aggravated Criminal Contempt in New York is the most serious of contempt charges.
Under New York Penal Code § 215.52, when an individual violates an order of protection by injuring the person protected under the order, that individual can be charged with aggravated criminal contempt. Additionally, an individual with a prior record of first-degree or aggravated contempt may also be charged with aggravated criminal contempt. Aggravated criminal contempt is considered a Class D felony.
Being convicted of aggravated criminal contempt can have a significant impact on a person’s life. If you or a loved one is facing charges of criminal contempt, it is important to seek the legal representation of an experienced attorney for criminal charges right away. Contact Long Island criminal defense attorney Ed Palermo today to learn more about how we can help with your case.
The Aggravated Criminal Contempt legislation streamlines the legal process for Assistant District Attorneys while making it more challenging for New York criminal defense lawyers. Prosecutors are not required to prove both intentional and reckless behavior; establishing either “mental state” is sufficient. Even if it wasn’t your express goal to cause physical or serious physical harm, if you acted recklessly and the prosecution can prove beyond a reasonable doubt the other elements of the crime, you would be held responsible.
New York Penal Law 15.05(3) characterizes recklessness as being cognizant of and willfully disregarding a considerable and unwarranted risk that a specific result will transpire or that certain conditions are present. The risk must be so significant that neglecting it represents a gross deviation from the behavior a sensible person would exhibit in your circumstances. Intoxication cannot serve as a defense against recklessness.
Aggravated Criminal Contempt involves two mental states and two possible degrees of injury. Physical injury pertains to the damage to one’s physical well-being or “substantial pain,” while serious physical injury intensifies the extent of the harm. Serious physical injuries carry a considerable risk of death, lead to death, or cause severe, long-lasting disfigurement, health impairment, or loss or dysfunction of any body organ. To differentiate the two, a physical injury could be a punch in the face causing a bloody nose, while a serious physical injury might be a punch that fractures the nose and results in long-term breathing difficulties.
Long Island Criminal Attorneys Discusses Penalties for Criminal Contempt in New York
Penalties for criminal contempt will depend on the level of the offense and other factors surrounding the case.
- A second-degree criminal contempt conviction, as a Class A misdemeanor, is punishable by up to one year in jail or three years of probation and fines of up to $1,000.
- A first-degree criminal contempt conviction, as a Class E felony, is punishable by up to four years in prison and fines of up to $5,000.
- As a Class D felony, an aggravated criminal contempt conviction can be punished by up to seven years in prison and fines of up to $5,000.
When a defendant is charged with criminal contempt, these charges are added to any charges already pending. Furthermore, it signals to the court that the defendant may not be trusted to follow other orders which may result in other possible consequences.
Long Island Criminal Attorney Explains Violation of an Order of Protection
You must understand what or who is being protected or restricted by an order of protection. The party named as the victim or complainant in the restraining order can contact the defendant without restriction, except where a separate order or ruling is issued by a court. If they don’t commit a separate crime like Aggravated Harassment in the Second Degree, just their contact with the defendant doesn’t violate the order. However, if the defendant engages with the person protected by the restraining order, then the defendant could be held responsible for their conduct. Because of the “strict liability” nature of NY PL 215.50(3), the defendant can violate the order just by replying to the person protected by the restraining order.
The protected party may say they will not turn you over to the police. However, there are many instances when the protected person did. If the defendant contacts someone who is protected by a restraining order, they could be sentenced to up to a year in prison.
Although it is not a defense statutorily defined, if the protected person is using the order to force you to do something or threatens to violate the order if you do not do something, your lawyer will likely bring this to the attention of prosecutors. The protected party may have sent you a text message, voicemail, or email with the threat. You may have third-party confirmation or a recording that you made about the improper demands. Even though you may have broken the order of protection, prosecutors still have the discretion to pursue criminal charges. Unfortunately, this discretion is not shared by the police and the police will make the initial arrest.
If you are facing allegations of violating a restraining order, you may be charged with criminal contempt in the second degree. It is important to seek the help of Long Island criminal lawyers right away. A skilled criminal lawyer may be able to help you explore different avenues of defense that can be applied to your situation.
Contact our office today to schedule a free consultation with a top-rated criminal defense lawyer in Long Island.
Contact an Experienced Long Island Criminal Contempt Defense Lawyer
Order of protection violations can range from an innocent text message to a physical attack. The nature of the defendant’s conduct will determine what level of criminal contempt charges will be brought and what defense options may be available. Behaviors such as threats and stalking may raise a misdemeanor offense to a felony charge. Physical assault resulting in an injury can further elevate those charges to aggravated criminal contempt. Each elevation in charges carries stiffer penalties. Defense strategies must take all evidence and conduct into account and be tailored to each case.
A criminal contempt conviction in Long Island can result in significant fines, incarceration, and a criminal record that will follow you long after you have satisfied any penalties. If you are facing criminal contempt charges on Long Island, Edward Palermo and the experienced team at Edward Palermo Criminal Defense are committed to your best outcome. Our skilled Long Island attorneys for criminal contempt will look at all factors and develop the best possible strategy to protect your rights and your future.
Call us at (631) 265-1052 to schedule a no-cost consultation to discuss your case and your possible options.