Criminal Contempt in the Second Degree is a misdemeanor. You can be charged with Criminal Contempt in the Second Degree, in violation of N.Y. Penal Law Section 215.50 when it is alleged that you have done or committed any of the following conduct:

• Disorderly or disrespectful behavior committed while in Court and interrupting or impairing the authority of the court, N.Y. Penal Law Section 215.50(1).
• Disturbing court proceedings, N.Y. Penal Law Section 215.50(2).
• Intentional Disobedience to Law Process or Mandate of a court, N.Y. Penal Law Section 215.50(3).
• Refusing to be sworn as a witness or participate in a court proceeding, N.Y. Penal Law Section 215.50(4).
• Knowingly Providing False or Inaccurate Reports of a court proceeding, N.Y. Penal Law Section 215.50(5).
• Avoiding Jury Service, N.Y. Penal Law Section 215.50(6).
• Conduct close to the courthouse trying to interfere with the Court, a jury, or a trial, N.Y. Penal Law Section 215.50(7).

Yes. If you intentionally disobey an order of the court, you may be charged with Criminal Contempt in the Second Degree in violation of N.Y. Penal Law Section 215.50(3).  For this charge, it will be alleged that a person was ordered to have no contact or limited contact with a protected party and that someone intentionally had contact or communication in direct violation of the previously issued Order of Protection.

Criminal Contempt in the Second Degree, is a class A misdemeanor. A conviction for this crime can result in the following penalties:

• Up to 1 year in the local or County Jail.
• Up to 3 years of Probation.
• Up to $1000 in fines.
• Restitution, if applicable.

Criminal Contempt in the First Degree is a felony. You can be charged with Criminal Contempt in the First degree, in violation of N.Y. Penal Law Section 215.51 when it is alleged that you have committed any of the following acts:

• Refusing to be sworn as a witness before a grand jury, or having been sworn as grand jury witness, refusing to answer questions, N.Y. Penal Law Section 215.51(a);
• Violating an Order of Protection by:
  • Menacing or Threat, N.Y. Penal Law Section 215.51(b)(i).
  • Stalking, N.Y. Penal Law Section 215.51(b)(ii).
  • Instilling Fear by Electronic Means, N.Y. Penal Law Section 215.51(b)(iii).
  • Repeated Telephone Calls, N.Y. Penal Law Section 215.51(b)(iv).
  • Striking, Kicking, or Other Physical Contact, N.Y. Penal Law Section 215.51(b)(v).
  • Physical menace by placing the protected party in fear of death, or imminent serious physical injury or injury, N.Y. Penal Law Section 215.51(b)(vi).
• Intentionally violating the Order of Protection when you have a previous conviction of Criminal Contempt within the last 5 years, N.Y. Penal Law Section 215.5(c); and
• Intentionally or Recklessly causes $250 or more damages to the property of the protected party N.Y. Penal Law Section 215.51(d).

Yes. If you violate a lawfully issued Order of Protection  you may be charged with a felony if  you have contact with the protected person and also cause fear or threaten the use of death, or injury  and/or commit any of the following acts:

• Display a deadly weapon; Dangerous Instrument; Pistol, revolver, rifle, shotgun; machine gun.
• Repeatedly follow the protected party.
• Repeatedly commit prohibited acts over a period of time.
• Send threatening messages by phone, email or other communications.
• Make telephone calls for no legitimate purpose.
• Strike; shove, kick or threatens to do the same.

George: If a person violates an order of protection, can they be charged with a crime?

Andy: Yes. In New York, if you violate an order of protection, you’ll be charged with what’s called criminal contempt. Depending on your actions, that could be either charged as a felony or a misdemeanor. Thank you for watching this video. If you have any questions or require additional information, please call us at 844-accused or visit our website at lawyers4theaccused.com.

Criminal Contempt in the First Degree, in violation of N.Y. Penal Law Section 215.51, is a class E Felony and is subject to the following penalties:

• Up to 4 years in State Prison/Department of Corrections and Community Supervision.
• Up to 5 years of Probation.
• Up to $5000 in fines or double the gain from the crime; and
• Restitution, if applicable.

Aggravated Criminal Contempt is a Felony. You can be charged with Aggravated Criminal Contempt when you:

• Intentionally or recklessly cause serious physical injury or injury to the protected party.
• Commit the crime of Criminal Contempt in the First degree in violations of N.Y. Penal Law Sections 215.51(b) or 215.51 (d) and have been convicted of Aggravated Criminal Contempt in the past; and
• Have previously been convicted of Criminal Contempt in the First Degree in the past 5 years.

Yes. If you violate an existing Order of Protection and either recklessly or intentionally cause injury to the protected party, you may be charged with Aggravated Criminal Contempt.

Criminal Contempt in the First Degree, in violation of N.Y. Penal Law Section 215.52, is a class D Felony and is subject to the following penalties:

• Up to 7 years in State Prison/Department of Corrections and Community Supervision;
• Up to 5 years of Probation.
• Up to $5000 in fines or double the gain from the crime; and
• Restitution, if applicable.