What is criminal contemp in the 2nd degree misdemeanor in NYC?

Asked about 2 years ago - Bronx, NY

My sons father is in jail for domestic violence and they charged him for criminal contemp in the 2nd degree misdemeanor in the city on NY.. I just want to know how much time they gave him in jail so I can move ASAP

Attorney answers (4)

  1. Benjamin J Lieberman

    Contributor Level 20

    1

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    Best Answer
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    Answered . This is the offense that is charged for violating an order of protection. It is a class A misdemeanor for which if convicted can result in a jail sentence of up to one year. Below is the statutory text of the law:

    A person is guilty of criminal contempt in the second degree when he
    engages in any of the following conduct:
    1. Disorderly, contemptuous, or insolent behavior, committed during
    the sitting of a court, in its immediate view and presence and directly
    tending to interrupt its proceedings or to impair the respect due to its
    authority; or
    2. Breach of the peace, noise, or other disturbance, directly tending
    to interrupt a court's proceedings; or
    3. Intentional disobedience or resistance to the lawful process or
    other mandate of a court except in cases involving or growing out of
    labor disputes as defined by subdivision two of section seven hundred
    fifty-three-a of the judiciary law; or
    4. Contumacious and unlawful refusal to be sworn as a witness in any
    court proceeding or, after being sworn, to answer any legal and proper
    interrogatory; or
    5. Knowingly publishing a false or grossly inaccurate report of a
    court's proceedings; or
    6. Intentional failure to obey any mandate, process or notice, issued
    pursuant to articles sixteen, seventeen, eighteen, or eighteen-a of the
    judiciary law, or to rules adopted pursuant to any such statute or to
    any special statute establishing commissioners of jurors and prescribing
    their duties or who refuses to be sworn as provided therein; or
    7. On or along a public street or sidewalk within a radius of two
    hundred feet of any building established as a courthouse, he calls
    aloud, shouts, holds or displays placards or signs containing written or
    printed matter, concerning the conduct of a trial being held in such
    courthouse or the character of the court or jury engaged in such trial
    or calling for or demanding any specified action or determination by
    such court or jury in connection with such trial.

  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . The charge usually results from failing to obey an Order of Protection. It is a class A misdemenaor and the maximum is one year in jail although that is not likely. Speak to the DA handling the case to see what is going on.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Joseph A Lo Piccolo

    Contributor Level 20

    Answered . He can get up to 1 year.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Richard C. Southard

    Pro

    Contributor Level 19

    Answered . While they face up to one year in jail, there is NO minimum jail time required by law. Depending on what he did to violate the judges order, there are definitely ways he can avoid jail. Unfortunately you will not know his final punishment until the conclusion of his case.

    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more

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