Free Consultations & We're Available 24/7
WE'RE A BOUTIQUE LAW FIRM.
TRUST 50 YEARS OF EXPERIENCE.
WE SERVICE CLIENTS NATIONWIDE.
So your probably sitting in jail right now facing FELONY contempt charges that could mean 4 years in prison. Maybe you pushed your ex during an argument despite the order. Maybe you sent threatening texts after they contacted you first. Or maybe you have a prior contempt conviction and now your facing enhanced charges! Look, we get it. Your TERRIFIED because this is a violent felony that destroys lives! And you should be scared! Because NY Penal Law §215.51 turns order violations into serious felonies with prison time and lifetime consequences!
First degree contempt happens when violating an order of protection gets physical, threatening, or repetitive. Push someone with an order against you? Felony. Send threatening messages? Felony. Follow them repeatedly? Felony. Have prior contempt conviction? Automatic felony!
Here’s what’s insane – “strikes, shoves, kicks or otherwise subjects to physical contact” covers ANY touching! Not just punches. A push, a grab, even poking there shoulder – if done to harass, annoy, threaten or alarm, that’s felony contempt! The slightest contact becomes 4-year prison sentence!
The fear-based provisions are even broader. “Reasonable fear of physical injury” doesn’t require actual threats! Following them twice? Could be reasonable fear. Angry voicemail? Reasonable fear. Showing up at there workplace? Definitely reasonable fear. There perception controls your felony status!
Prior convictions make everything worse. Have a contempt conviction from 5 years ago? Your next violation, even minor, becomes first degree automatically! The system stacks charges to guarantee felony convictions!
Maybe, but its HARD! Class E felony means up to 4 years state prison. First offense? Judge might give probation, but contempt involving violence or threats usually gets jail time. We’ve seen first-timers get 1-2 years for pushing violations!
Prior criminal record? Your looking at definite prison time. Prior contempt conviction? 2-3 years easy. Multiple priors? Approaching the 4-year maximum. Judges show NO mercy for repeat order violators!
But prison isn’t the only consequence. Five years probation possible. Extended orders of protection for 8+ years. Mandatory batterers programs costing thousands. Immigration disasters. Professional license revocations. The felony follows you forever!
The violent felony designation is catastrophic. Background checks show “VIOLENT FELONY – CRIMINAL CONTEMPT.” Employers think your dangerous. Landlords reject immediately. Your branded as someone who violently violates court orders!
ANY physical contact with intent to “harass, annoy, threaten or alarm” makes it first degree! The jury instructions make clear even minor contact counts!
Examples that become felonies: Pushing past them in doorway. Grabbing there arm to talk. Throwing something that hits them. Spitting (even if it misses). Poking there chest during argument. Accidentally-on-purpose bumping into them. ALL felonies!
The “intent to harass” part seems limiting but isn’t. Prosecutors argue any unwanted contact shows harassing intent. You say you just wanted to talk? They say grabbing someone who has order against you is inherently harassing!
What’s worse is “attempts” count too! Swing and miss? Still felony. Throw something that doesn’t hit? Felony. Reach for them but they pull away? Attempted physical contact = felony contempt!
“Physical menace” that creates reasonable fear elevates to first degree. But “physical menace” is undefined and broad! Raised fist? Physical menace. Aggressive posture? Could be menace. Even angry facial expressions might qualify!
Verbal threats obviously count. “I’m gonna hurt you” – clear felony. But subtle threats count too. “You’ll regret this” – threat? “Wait till you see what happens” – threat? “I know where you live” – definitely threatening! Prosecutors interpret everything as threats!
Displaying weapons or apparent weapons is automatic first degree. Gun, knife, bat – obvious. But also: holding scissors aggressively, waving a tool, even making finger gun gesture! If they reasonably fear its a weapon, your guilty!
The “reasonable fear” standard is subjective. If victim claims fear and jury believes them, your convicted. Doesn’t matter if you never intended threat. Doesn’t matter if fear seems unreasonable to you. There perception becomes your felony!
“Repeatedly following or engaging in course of conduct” that causes reasonable fear is first degree! But “repeatedly” just means MORE THAN ONCE! Follow them twice? Felony. Show up at two places they frequent? Course of conduct!
Social media stalking counts! Viewing there profiles repeatedly? Following. Creating fake accounts to monitor them? Course of conduct. Even having friends check there social media for you? Could be stalking through third parties!
“Coincidental” encounters get scrutinized. Run into them at grocery store twice? Prosecutors claim your following. Both attend child’s school event? They argue you knew they’d be there. The burden shifts to YOU to prove coincidence!
GPS tracking, Find My Phone, shared Netflix accounts showing viewing history – all evidence of stalking! Modern technology creates evidence of “following” you don’t even realize exists!
This is where the system crushes repeat violators – prior contempt convictions automatically upgrade new charges! Previous conviction for ANY degree of contempt? Your next violation becomes first degree even if it would normally be second degree!
The five-year lookback period catches old mistakes. Pled guilty to contempt in 2019 to “get it over with”? That plea now makes your 2024 text message violation a felony instead of misdemeanor! Past compromises become future disasters!
Aggravated criminal contempt (Class D felony, 7 years prison) happens with multiple priors. Prior first degree contempt? Next violation might be aggravated. Prior aggravated contempt? Your facing serious prison time!
The enhancement is MANDATORY. Judge has no discretion. Prosecutor can’t waive it. Prior conviction exists? Enhancement applies. Period. Your criminal history determines your charge level before facts are even considered!
False claims of fear are common in vindictive cases but nearly impossible to disprove! They say “I was terrified” – how do you prove they weren’t? Even if there behavior suggests no fear, prosecutors argue victims react differently!
Evidence they weren’t afraid gets explained away. They didn’t call police immediately? “Too scared to call.” Continued normal routine? “Hiding there fear.” Initiated contact with you? “Stockholm syndrome.” Prosecutors have excuse for everything!
Video evidence might help but often doesn’t. Footage shows them calm? “Hiding fear in public.” Shows them approaching you? “Trying to defuse situation.” Shows them laughing after? “Nervous laughter from trauma.” Facts don’t matter against claimed fear!
The “reasonable person” standard should be objective but becomes subjective. Jury sympathizes with claimed victim. They imagine themselves being afraid. Your actions get interpreted through lens of assumed guilt!
True accidents CAN be defended but burden is HIGH! Must prove no intent to harass, annoy, threaten, or alarm. Must show contact was genuinely accidental. Must demonstrate immediate retreat once aware!
Example: Backing into them in crowded store – possibly accidental. But if you knew they were there? Not accident. If you didn’t immediately apologize and leave? Not accident. If there’s ANY argument? Definitely not accident!
Location matters enormously. Accidental encounter at random public place? Maybe defensible. But at there workplace? There gym? There favorite restaurant? Prosecutors argue you KNEW they’d be there, defeating accident defense!
Prior violations destroy accident defense. One previous violation? Maybe truly accidental. Multiple violations? Pattern of behavior, not accidents. Judges and juries stop believing coincidences!
First degree contempt is potential immigration CATASTROPHE! Class E felony involving court orders and often domestic violence. ICE views this as serious crime showing disrespect for law!
Crime involving moral turpitude? Possibly. Crime of violence? Potentially. Aggravated felony? Could be argued. Multiple immigration grounds triggered by single conviction. Deportation becomes likely!
Green card holders face removal proceedings. DACA recipients lose protection. Visa holders get revoked and banned. Naturalization applications denied for lack of good moral character. One felony contempt conviction destroys American dreams!
Even beating charges doesn’t save you. Arrest for felony contempt appears in immigration records. ICE initiates removal based on arrest alone. Dismissed charges still trigger consequences. The system ensures immigration punishment regardless of criminal outcome!
Most lawyers see felony contempt and push quick pleas. “Take probation, avoid prison!” But we know felony contempt conviction brands you as violent order violator forever. We fight to beat charges or reduce to non-felony!
We investigate everything. Was contact really intentional or accidental? Was fear truly reasonable or manufactured? Are they weaponizing the order for leverage? We expose the truth behind the allegations!
We challenge every element. Intent to harass versus other purpose. Reasonable fear versus claimed fear. Physical menace versus normal behavior. Every detail matters when facing felony conviction!
Most importantly, we understand relationship dynamics. Orders don’t erase history, emotions, or shared children. Sometimes violations happen from frustration, not violence. We humanize you to judges who see only criminals!
Call us RIGHT NOW at 212-300-5196
Don’t let a push become a violent felony!
Time is CRITICAL in felony contempt cases! Video showing accidental contact? Deleted in 30 days. Messages proving they weren’t afraid? Phone companies purge quickly. Witnesses who saw there behavior? Memories fade or get influenced!
Don’t plead guilty thinking probation is “good deal”! Felony conviction destroys your future! Don’t try explaining to police – they must arrest on order violations! Don’t wait hoping prosecutors drop charges – they rarely do! Fight immediately with lawyers who know contempt charges often exaggerate reality!
Disclaimer: Prior results don’t guarantee future outcomes. Every case depends on specific facts. We understand orders of protection create complex situations where violations aren’t always malicious.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS