New York Penal Law Section 215.52: Aggravated Criminal Contempt
Similar to basic Criminal Contempt charges, Aggravated Criminal Contempt concerns violating an Order of Protection. Prosecutors in New York take all Criminal Contempt cases seriously, but especially Aggravated Criminal Contempt, because in these situations the defendant already has one open criminal case, and, despite being arrested for the prior incident, along with receiving judicial instruction to avoid the complainant, the defendant contacts the complainant anyway. Even if the defendant merely intended to apologize for the earlier incident, prosecutors will emphasize that the defendant consciously disregarded a direct judicial order and is likely to do so again. It becomes even more serious when the contact in violation of the Order of Protection results in physical injury or establishes a pattern of disregard for the judicial orders. Our domestic violence attorneys can explain further.
Understanding Aggravated Criminal Contempt Charges
There are two ways a person can be found guilty of Aggravated Criminal Contempt in New York. The first is that in spite of a valid Order of Protection in favor of the complainant – which the defendant has prior knowledge of – the defendant intentionally or recklessly causes physical injury (or worse) to that person. Physical injury does not require that the complainant be hospitalized or suffer broken bones or some sort of trauma that will leave a scar. Physical injury is caused when a person is put in pain or physical contact leaves some redness or swelling.
The second way a person can be found guilty of this offense is repeatedly violating orders of protection under the right circumstances, resulting in a “bump-up” to Aggravated Criminal Contempt. If a defendant has been previously convicted of Aggravated Criminal Contempt and then violates a new order of protection by making threats to the complainant or damaging the complainant’s property, the charge can be bumped-up to Aggravated Criminal Contempt, a D felony punishable by up to seven years in prison, instead of Criminal Contempt in the First Degree, an E felony. Additionally, if a defendant has been convicted of Criminal Contempt in the First Degree within the previous five years and commits what would be considered Criminal Contempt in the First Degree again, the charges will be bumped up to Aggravated Criminal Contempt.
Defenses to an Aggravated Contempt Charge
Facing a criminal charge is never easy, especially when you have been accused of violating a court order. However, there are several potential defenses available in an aggravated contempt case. Lack of Willful Disobedience
The basis of an aggravated contempt charge is the willful disobedience of a court order. One of the ways you can fight these charges is by showing that you never intended to violate its terms. If your actions were unintentional, you may have a viable defense strategy.
Challenging Service
Due process requires that you be formally notified of a court order before you can be held accountable for violating it. If the court order was not served correctly before the alleged violation occurred, you may be innocent of any crime. Our criminal defense attorneys will carefully review the timeline and determine if you were properly served.
Constitutional Defenses
Some aggravated contempt charges in NYC arise from interactions that raise constitutional concerns, like an improper search or seizure. If your rights were violated during the investigation against you, any evidence collected during that time could be thrown out.
Collateral Consequences of an Aggravated Criminal Contempt Conviction
A conviction for aggravated criminal contempt carries implications far beyond the jail time and fines handed down by the court. You can also face collateral consequences that come with a criminal conviction. These collateral consequences might not stem from a statute, but the impact they have on your life is very real.
One of the ways a conviction can immediately impact your quality of life is by limiting your employment opportunities. Being convicted of aggravated contempt can dramatically limit your ability to make a living moving forward. Most employers conduct background checks that can reveal that you have a conviction on your record. Not only can this make it difficult to find a job, but it could cost you employment you already have. Some professions that require licensing could be permanently out of reach based on your criminal record.
Housing is another area that can be significantly impacted by a criminal conviction. Just like with employers, potential landlords can also screen applicants based on their background. The end result is usually fewer options and a higher cost of housing.
Another common collateral consequence relates to family law. If you are involved in a custody dispute, the courts can take into account your criminal record when deciding issues like visitation or custody.
Some of the most devastating consequences impact non-citizens. If you have an active immigration case, a conviction for aggravated contempt could lead to deportation proceedings and affect the final decision when applying for visas or citizenship.
Collateral consequences might not have the same immediate, obvious impact as a jail sentence, but they can often continue to follow you long after you serve your time. Our attorneys can help you fight these charges, potentially avoiding the collateral consequences that come with them. They can also assist you with reducing the impact of a guilty verdict if you are ultimately convicted.
Discuss Your Aggravated Criminal Contempt Case with a New York City Attorney
If you have been charged with Aggravated Criminal Contempt in New York, it is crucial that you are represented by an attorney with a thorough knowledge of the law around Orders of Protection and Domestic Violence charges. Often, these criminal cases are complicated by personal relationships between complainants and defendants which fluctuate between anger and remorse. In addition to an in depth understanding of the law concerning Criminal Contempt charges, the New York domestic violence attorneys at the Law Offices of Jeffrey Lichtman have experience in guiding personal relationships in a way that generates the best outcome for criminal cases. Call us today at (212) 581-1001 for a free case consultation.