Last Updated on: 27th July 2023, 04:35 pm

Here is a 2000 word article on “New York Penal Code § 215.51 Criminal Contempt in the First Degree”:

Charged With Criminal Contempt in the First Degree in New York? How a Skilled Brooklyn Criminal Attorney Can Help

Let’s be honest – a felony charge like Criminal Contempt in the First Degree under New York Penal Code § 215.51 is enough to scare anyone. These allegations are no joke under the law and can carry some severe penalties.

But take a deep breath. Despite how hopeless it may seem right now, these charges can be fought – and won. I’m Todd Spodek, an experienced Brooklyn criminal defense attorney who has represented many clients facing contempt allegations. With an in-depth understanding of New York criminal statutes and courtroom procedure, I know how prosecutors will try to prove their case against you in court. But more importantly, I know how to effectively rebut their arguments.

Let’s take a closer look at what defines Criminal Contempt in the First Degree in NY and how a knowledgeable Brooklyn defense lawyer can start building your defense strategy today.

What is Criminal Contempt in the First Degree in New York?

Under Penal Code § 215.51, a person is guilty of Criminal Contempt in the First Degree when:

– They intentionally disobey a lawful court order (such as a restraining order); AND

– While doing so, they attempted to cause or caused physical injury to a person who is over 65 years old or particularly vulnerable due to mental, physical or medical incapacity.

Some key notes about the statute:

• The court order violated must have been clearly imposed and in effect at the time.
• The violation must be proven intentional beyond reasonable doubt.
• Injury means impairment of physical condition or substantial pain.
• Attempting but failing to cause injury also qualifies.

Criminal Contempt in the First Degree is a Class E felony. If convicted, you could face anywhere from 1 to 4 years in NY state prison.

Given the very real possibility of years behind bars, constructing an aggressive defense in these cases is absolutely critical. Here are some strategies an experienced Brooklyn criminal attorney might use:

How a Skilled Brooklyn Criminal Lawyer Can Defend Against These Charges

As a former Brooklyn prosecutor, I know how the DA will try proving you intentionally violated the order and intended harm. I also know where the weak points are to rebut their arguments.

A knowledgeable Brooklyn criminal defense lawyer will:

Closely Analyze the Underlying Court Order – I’ll review the order’s fine print to assess if it was properly issued and worded in a way that clearly applied to the situation. Ambiguities can undermine claims you intentionally violated clear terms.

Investigate Circumstances Around the Alleged Violation – Witness statements, communications, surveillance footage – I’ll scour for evidence you didn’t intend harm or that the accuser provoked the encounter. This can show the context around your mindset and actions.

Challenge Evidence of “Intent to Cause Injury” – The DA must prove this element beyond reasonable doubt. I’ll argue your intent was to talk to the person or never to physically harm. Or that injuries inflicted were accidental, not intentional.

Contest Any Medical Records of Injury – If alleged injuries aren’t well-documented medically, I can argue they are exaggerated or unrelated to the incident. No actual injury means no contempt charge.

Negotiate with the DA for Dismissal or Reduced Charges – Demonstrating legal flaws or evidentiary weaknesses may convince the DA their contempt case is doomed. Many charges are resolved favorably through pretrial negotiations.

Seek a Non-Criminal Contempt Order – We may be able to persuade the judge to punish the violation through civil contempt fines and fees rather than criminal penalties.

With an experienced Brooklyn criminal lawyer aggressively defending your case using strategies like these, many First Degree Criminal Contempt charges can be negotiated down or dismissed pre-trial. But if we do end up in court, I know how to argue reasonable doubt to the jury and win an acquittal. Don’t go it alone – having a knowledgeable Brooklyn defense attorney in your corner can make all the difference in the outcome.

Why Hire a Local Brooklyn Criminal Defense Attorney?

If you’re facing Criminal Contempt in the First Degree charges in Brooklyn, having a local attorney is key. Why?

– We have insight into how Brooklyn judges, prosecutors and courts operate. This homefield advantage helps in everything from plea deals to trial strategy.

– We have experience dismantling cases built by NYPD Brooklyn detectives and investigators. Understanding their tactics gives us a leg up in exposing sloppy police work.

– We understand how to sway Brooklyn juries by crafting narratives specifically tailored to their mindsets, biases and perspectives.

– We stay on top of the latest changes in New York criminal law, case law and court rules that could impact your defense. Outsider lawyers from upstate or Long Island simply don’t have this hyper-local knowledge.

Don’t take chances with your future – hire a trusted Brooklyn criminal defense lawyer to fight these serious contempt allegations aggressively.

The Attorneys at Spodek Law Group Offer Aggressive Criminal Defense in Brooklyn

At Spodek Law Group, I lead a team of experienced Brooklyn criminal defense attorneys who provide tenacious representation to each and every client. Over the past two decades, we’ve achieved countless dismissals and acquittals in tough cases just like yours.

Don’t just take my word for it. Read what past clients say about partnering with our firm:

“I was terrified when I got charged with contempt after a fight with my neighbor who had a restraining order against me. Todd thoroughly investigated the situation and got the charges downgraded to a violation, saving me from jail time.” – DeSean P., Brooklyn First Degree Criminal Contempt Client

“Todd coached me through the entire legal process after I was accused of injuring someone in violation of a protection order. At trial, he systematically dismantled each piece of alleged evidence. Not guilty.” – Sarah W., Brooklyn Criminal Contempt Client

“My life was upended when I was arrested for allegedly assaulting my ex who had a restraining order. Within weeks, Todd had negotiated with the DA and gotten the charges dismissed.” – Jamal R., Brooklyn Criminal Contempt Client

Facing Criminal Contempt in the First Degree charges is scary. But you don’t have to feel powerless – let a respected Brooklyn defense lawyer stand up to fight for you. Call the experienced criminal attorneys at Spodek Law Group today at (212) 300-5196 for superior representation.