What is criminal contemp in the 2nd degree misdemeanor in NYC?
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
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
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
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.
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. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
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)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City.
The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
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.
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 attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com