Criminal Contempt Lawyer in Westchester County, New York

Criminal contempt is a serious offense in New York, involving actions that disrespect or disregard the authority of the court. This charge can arise in various situations, from disobeying court orders to disrupting court proceedings.

Given the potential consequences, it’s crucial to understand what constitutes criminal contempt, the penalties associated with it, and how a strong criminal defense can help protect your rights. 

When you choose our firm to represent you, you can rely on Attorney Michael D. Litman. Having defended people charged with crimes since 2007, he understands how to skillfully navigate the ins and outs of the criminal justice system.

What Is Criminal Contempt?

Criminal contempt occurs when an individual’s actions interfere with the functioning of the court or defy its authority.

In New York, criminal contempt can be charged in several ways, depending on the nature of the offense. The charge can be classified as either direct or indirect contempt, each with its own implications.

1. Direct Contempt

Direct contempt happens in the presence of the court. This could involve disruptive behavior, disrespectful language directed at the judge, or refusal to follow the judge’s orders during a court proceeding.

Since direct contempt occurs in the courtroom, it’s typically dealt with immediately by the presiding judge. The judge may impose penalties, such as fines or even jail time, to maintain order and uphold the court’s authority.

For example, if someone repeatedly interrupts a court proceeding despite being warned by the judge, they could be held in direct contempt. The immediate nature of this contempt allows the court to respond quickly to maintain its proper function.

2. Indirect Contempt

Indirect contempt occurs outside the immediate presence of the court but still violates a court order or disrespects the judicial process.

Common examples include failing to comply with a restraining order (order of protection), disobeying a custody order, or ignoring a subpoena. Unlike direct contempt, indirect contempt usually requires a separate proceeding to determine whether the contempt occurred and what penalties should be imposed.

For instance, if someone disregards a restraining order by contacting the protected party, they could be charged with criminal contempt. This would require the DA's office to prove the criminal contempt beyond a reasonable doubt.

Penalties for Criminal Contempt in New York

The penalties for criminal contempt in New York can vary significantly based on the circumstances of the case, including whether the contempt is considered direct or indirect and whether the charge is classified as a misdemeanor or felony.

1. Misdemeanor Criminal Contempt

Misdemeanor criminal contempt is generally charged when the contemptuous action involves a lower level of defiance or disruption. For example, willfully disobeying a restraining order or failing to appear in court when subpoenaed might lead to a misdemeanor charge.

Under New York law, misdemeanor criminal contempt can result in penalties such as fines, probation, or up to one year in jail. Although these penalties are less severe than those for felony charges, a conviction still carries significant consequences, including a criminal record.

2. Felony Criminal Contempt

Felony criminal contempt is reserved for more serious violations, such as repeated offenses or actions that result in harm or significant disruption. For example, repeatedly violating a protective order, especially when it involves physical harm or threats, can lead to felony charges.

The penalties for felony criminal contempt in New York are more severe, with potential sentences including significant fines and several years of imprisonment. A felony conviction also has long-lasting implications, such as difficulty finding employment, loss of certain civil rights, and a criminal record.

Defending Against Criminal Contempt Charges

Facing a criminal contempt charge can be intimidating, but it’s important to remember that there are defenses available. A skilled criminal defense lawyer can help build a strong case by examining the circumstances of the contempt charge and identifying weaknesses in the prosecution’s case.

1. Lack of Intent

One of the most common defenses against criminal contempt is the lack of intent to disobey or disrespect the court. In some cases, an individual may have unknowingly violated a court order or misunderstood the terms of the order. Demonstrating that the contemptuous action wasn't intentional can be a powerful defense, potentially leading to a dismissal or reduction of charges.

For example, if someone violates a restraining order because they were unaware that their actions constituted a violation, their lawyer might argue that there was no willful intent to disobey the court.

2. Inability to Comply

Another potential defense is proving that the defendant was unable to comply with the court’s order due to circumstances beyond their control. This defense is particularly relevant in cases involving financial obligations, such as failing to pay court-ordered child support. If the defendant can demonstrate that they lacked the financial means to comply, the court may consider this in determining the outcome of the case.

For instance, if someone fails to pay court-ordered fines because they’ve lost their job and have no income, their lawyer might argue that the contempt wasn't willful and that the court should consider the individual’s financial situation.

3. Violation of Rights

In some cases, a criminal defense lawyer may argue that the contempt charge itself violates the defendant’s rights. This could involve situations where the court order was unclear, the defendant wasn't properly notified of the order, or the court overstepped its authority in issuing the order. If the defense can show that the defendant’s rights were violated, the contempt charge may be dismissed.

For example, if someone is charged with contempt for violating a court order that was never properly served, their lawyer could argue that the charge is invalid because the defendant wasn't given proper notice, and may not have knows about the court order.

The Role of a Criminal Defense Lawyer in Criminal Contempt Cases

Given the potential consequences of a criminal contempt charge, having an experienced criminal defense lawyer is crucial. A lawyer with knowledge of New York law can help guide you through the legal process, advocate for your rights, and work toward the best possible outcome in your case.

1. Case Evaluation

One of the first steps a criminal defense lawyer will take is to evaluate the specifics of your case. This includes reviewing the court order or proceedings that led to the contempt charge, examining any evidence, and identifying potential defenses. By thoroughly understanding the details of your case, your lawyer can develop a strategy tailored to your situation.

2. Negotiation and Plea Bargains

In some cases, your lawyer may be able to negotiate with the prosecution to reduce the charges or secure a plea bargain. This could involve pleading guilty to a lesser offense in exchange for reduced penalties. An experienced lawyer will know when it’s in your best interest to pursue a plea bargain and how to negotiate the best terms possible.

3. Court Representation

If your case goes to trial, your criminal defense lawyer will represent you in court, presenting your defense, cross-examining witnesses, and arguing on your behalf. A lawyer’s ability to effectively communicate your defense and challenge the prosecution’s case can be the difference between a conviction and an acquittal.

Protecting Your Rights Against Criminal Contempt Charges

Criminal contempt charges in New York are serious and can lead to significant penalties, including fines, imprisonment, and a criminal record. Whether you’re facing charges for direct or indirect contempt, it’s essential to have a strong criminal defense to protect your rights and seek the best possible outcome.

By working with an experienced criminal defense lawyer, you can work through the legal process with confidence. You can rest easy knowing that your case is in capable hands. From evaluating the charges against you to representing you in court, a skilled lawyer can make all the difference in defending against criminal contempt charges and protecting your future. 

Call Our Office Today

If you’re facing a criminal contempt charge, don’t hesitate to seek legal assistance from our office to safeguard your rights. We defend clients facing a wide variety of criminal charges. No matter what crime you've been accused of, we’re prepared to help you fight for a favorable result.

Contact the Law Office of Michael D. Litman, PLLC today to schedule your appointment, especially if you're in Westchester County, New York, and the surrounding areas including White Plains, Harrison, and Yonkers.