Criminal Contempt Attorney

Criminal Contempt Defense Attorney in Suffolk County, New York

Being charged with criminal contempt in Suffolk County is a serious matter that can result in jail time, substantial fines, additional criminal charges, and severe consequences for ongoing court cases, orders of protection, child custody proceedings, and your personal freedom. Criminal contempt charges most commonly arise from alleged violations of orders of protection in domestic violence cases, but they can also involve courtroom misconduct, witness tampering, and other conduct that interferes with court proceedings or violates court orders. Attorney Michael Brown is Suffolk County’s most experienced criminal contempt defense lawyer, with a proven track record of successfully defending clients against all types of criminal contempt charges.

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Understanding Criminal Contempt Under New York Law

Criminal contempt is defined under Article 215 of the New York Penal Law and encompasses various forms of conduct that interfere with court proceedings or violate court orders. Unlike civil contempt, which is designed to compel compliance with court orders, criminal contempt is punitive—designed to punish past violations and deter future misconduct.

The most common criminal contempt charges involve violations of orders of protection, but the law also addresses:

Disorderly, contemptuous, or insolent behavior in court
Witness tampering and intimidation
Jury tampering
Violations of temporary restraining orders
Interference with judicial proceedings

Criminal contempt charges are taken extremely seriously by prosecutors and judges because they represent direct challenges to the authority of the courts and violations of court orders designed to protect victims.

Criminal Contempt in the Second Degree

Criminal Contempt in the Second Degree, under New York Penal Law § 215.50, is a Class A misdemeanor. A person is guilty of criminal contempt in the second degree when they:

Disorderly Conduct in Court: Engage in disorderly, contemptuous, or insolent behavior during a court proceeding, committed in the immediate view and presence of the court, which disrupts court proceedings.

Breach of Order of Protection: Intentionally disobey or violate the terms of any order of protection or temporary order of protection issued by a court. This is the most common basis for criminal contempt charges.

Contumacious Conduct: Intentionally disobey any mandate, process, or order issued by a court.

Resistance to Court Orders: Resist the lawful execution of a court order or process.

Orders of Protection Violations

The vast majority of criminal contempt in the second degree charges involve violations of orders of protection. These violations can include:

Contacting the protected party by phone, text, email, social media, or in person
Being present at the protected party’s residence, workplace, or school
Sending messages through third parties
Harassing, threatening, or intimidating the protected party
Committing family offenses against the protected party

Critical Point: Criminal contempt can be charged even if the protected party invites or initiates contact. The law protects you from violating orders, not the protected party from inviting contact. If the protected party contacts you first and you respond, you can still be arrested and charged with criminal contempt.

Penalties for Criminal Contempt in the Second Degree:

Jail Time: Up to one year in county jail
Probation: Up to three years of probation
Fines: Fines and mandatory surcharges
Criminal Record: Permanent misdemeanor conviction
Additional Orders of Protection: Enhanced or extended orders of protection
Impact on Underlying Cases: Violations can negatively affect pending divorce, custody, or criminal cases
Immigration Consequences: Potential deportation for non-citizens

Criminal Contempt in the First Degree

Criminal Contempt in the First Degree, under New York Penal Law § 215.51, is a Class E felony. A person is guilty of criminal contempt in the first degree when they commit criminal contempt in the second degree by:

Intentionally or Recklessly Causing Physical Injury: Violating an order of protection by intentionally or recklessly causing physical injury to the person for whose protection the order was issued.

Displaying or Threatening with a Deadly Weapon: Violating an order of protection by displaying what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm, or by threatening the immediate use of a dangerous instrument or displaying what appears to be a knife, cutting instrument, or other dangerous instrument.

Repeatedly Violating Orders: Committing three or more violations of an order of protection within a preceding five-year period where at least one violation resulted in a conviction for criminal contempt in the second degree or aggravated criminal contempt.

Penalties for Criminal Contempt in the First Degree:

Prison Time: Up to 4 years in state prison
Probation: Possible in limited circumstances
Fines: Substantial fines and surcharges
Permanent Felony Record: A felony conviction affecting employment, housing, firearms rights, and civil liberties
Enhanced Orders of Protection: Longer, more restrictive orders
Immigration Consequences: High likelihood of deportation for non-citizens

Aggravated Criminal Contempt

Aggravated Criminal Contempt, under New York Penal Law § 215.52, is a Class D felony. A person is guilty of aggravated criminal contempt when, in violation of a duly served order of protection, they intentionally or recklessly:

Cause Serious Physical Injury: Cause serious physical injury to a person for whose protection the order was issued.

“Serious physical injury” means physical injury which creates a substantial risk of death, causes death, causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

Penalties for Aggravated Criminal Contempt:

Prison Time: 2 to 7 years in state prison
Mandatory Sentencing: Limited probation eligibility
Substantial Fines: Up to $5,000 plus surcharges
Permanent Serious Felony Record: Class D felony conviction with devastating consequences
Immigration Consequences: Very high likelihood of deportation for non-citizens
Loss of Rights: Loss of firearm rights, voting rights while incarcerated, and other civil liberties

Other Forms of Criminal Contempt

Contempt for Courtroom Conduct

Criminal contempt charges can arise from behavior during court proceedings including:

Disruptive outbursts or verbal abuse directed at judges, attorneys, or court personnel
Refusing to follow court directives
Physical altercations or threats in courtrooms
Recording court proceedings without permission
Using electronic devices in violation of court rules
Refusing to testify after being ordered to do so (though Fifth Amendment protections apply)

These contempts are often handled summarily by judges with immediate sanctions.

Criminal Contempt for Witness or Jury Tampering

Under related provisions of Article 215, criminal contempt principles apply to:

Tampering with a witness (Penal Law § 215.10-215.13)
Intimidating a victim or witness (Penal Law § 215.15-215.17)
Tampering with physical evidence (Penal Law § 215.40)
Jury tampering (Penal Law § 215.19-215.25)

These offenses carry separate penalties but involve similar concepts of interfering with judicial proceedings.

Common Scenarios Leading to Criminal Contempt Charges

Unintentional Contact

Many criminal contempt cases involve unintentional or accidental contact:

Running into the protected party at shared locations (children’s schools, grocery stores, public places)
Being unaware an order of protection was issued or its specific terms
Emergency situations requiring contact about children
Responding to messages initiated by the protected party

Important: Even accidental contact can result in criminal contempt charges. The statute requires intentional violation, but prosecutors often charge accidental violations, forcing defendants to prove lack of intent.

Protected Party Initiated Contact

A common and frustrating scenario involves the protected party contacting the defendant first:

The protected party calls or texts the defendant
The protected party invites the defendant to their home
The protected party initiates meetings or encounters

Critical Point: Responding to contact initiated by the protected party still violates the order and can result in criminal contempt charges. The order protects you from violating it, not the protected party from initiating contact. The only safe response is no response.

Social Media and Electronic Contact

Modern technology creates numerous opportunities for criminal contempt charges:

Sending Facebook messages, Instagram DMs, or Snapchats
Commenting on the protected party’s social media posts
Viewing the protected party’s social media profiles (if order prohibits this)
Using third parties to relay messages electronically
Email communications

Third-Party Contact

Using intermediaries to communicate with protected parties violates orders of protection:

Asking friends or family members to relay messages
Sending gifts or items through third parties
Using children to communicate messages

Proximity Violations

Simply being too close to protected parties can violate stay-away provisions:

Being within specified distances of the protected party’s home, workplace, or school
Following or being present where the protected party is located
Driving past the protected party’s residence

Orders of Protection: Understanding What You’re Prohibited From Doing

Orders of protection come in different types with varying restrictions:

Full Stay-Away Orders

These orders require you to:

Stay away from the protected party’s home, workplace, and school
Maintain a specified distance from the protected party
Have no contact of any kind
Refrain from harassing, threatening, or intimidating conduct

Refrain-From Orders

These orders prohibit specific conduct but don’t require staying away:

No harassment, threats, or intimidation
No assault or other criminal conduct
No interference with the protected party

Limited Orders

Some orders allow limited contact for specific purposes:

Child visitation or custody exchanges
Communication only through attorneys
Contact only for specified purposes

Critical: You must understand the exact terms of any order of protection. Violations result in immediate arrest and criminal charges.

Long-Term Consequences of Criminal Contempt Convictions

Enhanced Orders of Protection

Criminal contempt convictions typically result in:

Extension of existing orders of protection
More restrictive terms in orders
Upgraded from limited to full stay-away orders
Longer duration orders (potentially permanent)

Child Custody Impact

Criminal contempt convictions severely affect custody proceedings:

Courts view violations as demonstrating disregard for court authority
Violations suggest inability to follow rules
Custody and visitation may be restricted or supervised
Courts presume violations are against children’s best interests

Impact on Underlying Cases

Criminal contempt charges affect related proceedings:

Divorce negotiations and settlements are complicated
Criminal defense in underlying domestic violence cases is damaged
Family court proceedings are negatively impacted
Immigration cases are jeopardized

Employment Consequences

Criminal contempt convictions affect employment:

Background checks reveal convictions
Employers may view contempt convictions negatively
Professional licenses may be affected
Government employment may be impacted

Immigration Consequences

For non-citizens, criminal contempt convictions can trigger:

Deportation proceedings
Denial of naturalization applications
Impact on visa applications
Loss of legal permanent resident status

Additional Criminal Charges

Contempt charges often accompany other charges:

Assault charges if physical injury occurred
Harassment or stalking charges
Weapons charges if applicable
Underlying domestic violence charges

Escalating Penalties for Repeat Violations

Subsequent violations result in:

Escalation from misdemeanor to felony charges
Mandatory jail or prison time
Judges less willing to show leniency
Enhanced sentences for repeat offenders

Common Defenses to Criminal Contempt Charges

As Suffolk County’s most experienced criminal contempt defense attorney, Michael Brown employs effective defense strategies:

Lack of Intent

Criminal contempt requires intentional violation. Attorney Brown demonstrates:

Contact was accidental or unintentional
You were unaware of the order’s existence or terms
Circumstances show lack of criminal intent
Emergency situations necessitated contact

Lack of Knowledge

If you didn’t know an order of protection existed or didn’t know its specific terms, this defeats the intent requirement. Attorney Brown establishes:

You were never properly served with the order
You were unaware of the order’s terms
The order’s terms were unclear or ambiguous
You didn’t receive required notice

Impossibility of Compliance

Sometimes circumstances make compliance impossible. Attorney Brown shows:

Geographic impossibility (you both live in same small area)
Shared custody arrangements created unavoidable contact
Emergency situations required contact
Protected party created situations making compliance impossible

Protected Party Initiated Contact

While responding to protected party contact still technically violates orders, Attorney Brown can argue:

The protected party initiated all contact
You attempted to disengage
The protected party misrepresented the situation to police
Circumstances demonstrate lack of criminal intent

This defense doesn’t eliminate liability but can result in reduced charges or dismissed cases.

False Accusations

Unfortunately, false criminal contempt allegations are common, particularly in contentious divorces or custody disputes. Attorney Brown investigates and exposes:

Motive to fabricate violations
Inconsistencies in allegations
Evidence contradicting accusations
History of false reports

Insufficient Evidence

Attorney Brown demonstrates:

Evidence is insufficient to prove intentional violation beyond reasonable doubt
Prosecution cannot prove you committed the alleged violation
Witnesses lack credibility
Physical evidence doesn’t support allegations

Challenging the Underlying Order

Sometimes the underlying order of protection was improperly issued. Attorney Brown examines whether:

The order was validly issued
Proper procedures were followed
You were entitled to a hearing
The order is legally sufficient

Constitutional Defenses

Attorney Brown raises constitutional issues when:

Orders violate First Amendment rights
Orders are overly broad or vague
Due process rights were violated

Negotiating Favorable Resolutions

Attorney Brown’s experience often results in:

Reduction from felony to misdemeanor charges
Dismissal in exchange for compliance with orders
Adjournment in contemplation of dismissal (ACD)
Plea agreements avoiding jail time
Resolutions minimizing impact on custody and related cases

Five Reasons Attorney Michael Brown Is Your Best Choice for Criminal Contempt Defense

Unmatched Experience in Order of Protection Cases: As Suffolk County’s most experienced criminal contempt defense attorney, Michael Brown has successfully defended hundreds of clients against criminal contempt charges arising from alleged order of protection violations. His extensive experience with every type of contempt case—from accidental contact to alleged violent violations—provides clients with sophisticated defense strategies based on decades of successful outcomes in Suffolk County courts.
Understanding of Domestic Violence Case Dynamics: Criminal contempt charges rarely exist in isolation—they typically involve ongoing domestic violence prosecutions, divorce proceedings, and child custody battles. Attorney Brown understands how criminal contempt charges intersect with family court proceedings and coordinates defense strategies across multiple cases to protect clients’ interests in all related legal matters, including custody, visitation, and divorce proceedings.
Strategic Approach to Protected Party Initiated Contact: One of the most frustrating aspects of criminal contempt cases involves protected parties who initiate contact then report defendants for responding. Attorney Brown has extensive experience with these scenarios and knows how to present evidence of protected party contact, demonstrate lack of criminal intent, challenge the credibility of complainants who violated their own orders, and negotiate favorable resolutions in these complex situations.
Expertise in Emergency and Accidental Contact Defenses: Many criminal contempt charges involve unintentional violations, emergency situations requiring contact about children, or unavoidable encounters in shared communities. Attorney Brown has specialized expertise in defending accidental contact cases, proving lack of intent, demonstrating emergency circumstances, and showing that circumstances made compliance impossible or that contact was unintentional.
Protection of Custody Rights and Family Relationships: Criminal contempt convictions can devastate child custody and visitation rights. Attorney Brown structures defenses specifically to minimize damage to parental rights, coordinates criminal defense with family court proceedings, presents evidence to family court judges showing compliance and rehabilitation, and fights to protect parent-child relationships from being destroyed by contempt convictions.

What to Do If You’re Charged with Criminal Contempt

Immediately Cease All Contact: Stop all communication with the protected party immediately, including responding to their messages or calls. Even if they contact you first, do not respond.

Preserve Evidence: Save all text messages, emails, call logs, and communications that demonstrate the protected party initiated contact or that support your defense. Provide these only to your attorney.

Do Not Discuss the Case: Don’t talk about the incident with anyone except your attorney. Statements to friends, family, or others can be used against you.

Document Everything: Write down exactly what happened, including dates, times, locations, witnesses, and circumstances. Note whether contact was accidental, initiated by the protected party, or involved emergencies.

Comply Strictly with All Orders: Moving forward, comply meticulously with every term of the order of protection. Any additional violations will make your situation dramatically worse.

Do Not Contact the Protected Party to Discuss: Never contact the protected party to discuss the allegations, apologize, or try to resolve the matter. Any contact will result in additional charges.

Contact Attorney Michael Brown Immediately: Criminal contempt cases move quickly and carry serious consequences including jail time and devastating impacts on custody and related proceedings. Every hour without experienced representation can harm your case. Attorney Brown needs to begin immediately preserving evidence, investigating circumstances, protecting your parental rights, and developing your defense strategy.

Your Freedom and Family Are at Stake

Criminal contempt charges threaten your freedom, your relationship with your children, your ongoing court cases, and your future. These charges are particularly serious because they demonstrate to judges that you violated court orders, which affects how judges view you in all related proceedings including custody, divorce, and criminal cases.

But criminal contempt charges are defensible. Many cases involve accidental contact, lack of knowledge, protected parties who initiated contact, false accusations, or emergency circumstances. With experienced legal representation, favorable outcomes are possible.

You need Suffolk County’s most experienced criminal contempt defense lawyer—someone who has successfully defended hundreds of contempt cases, who understands the intersection of criminal and family court proceedings, who knows how to present intent defenses, and who will fight tirelessly to protect your freedom, your parental rights, and your future.

Contact Attorney Michael Brown today for a confidential consultation about your criminal contempt case. Time is critical. Don’t let criminal contempt charges destroy your relationship with your children or result in jail time. Let Suffolk County’s most experienced criminal contempt defense attorney put his expertise and experience to work protecting you and fighting for the best possible outcome in your case.