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NY Penal Law § 215.51: Criminal Contempt in the First Degree
Criminal contempt in the first degree, NY Penal Law § 215.51, is the felony version of violating an order of protection. It usually means the prosecutor says you broke a stay-away or no-contact order and did something more: made physical contact, threatened the protected person, repeatedly called or messaged them, damaged their property, or violated an order again within five years of a prior contempt conviction. It is a class E felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends these cases in Nassau County and Suffolk County courts.
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NY Penal Law § 215.51 at a glance
| Criminal contempt in the first degree | |
|---|---|
| Statute | NY Penal Law § 215.51 |
| Charge level | Class E felony |
| Maximum prison term | Up to 4 years |
| Usual lesser charge | Criminal contempt in the second degree (PL 215.50), a class A misdemeanor |
| Where it is heard | Nassau County District Court, 99 Main Street, Hempstead (Nassau County Court, 262 Old Country Road, Mineola, if indicted). Suffolk County District Court, 400 Carleton Avenue, Central Islip (Suffolk County Court, 210 Center Drive, Riverhead, if indicted). |
What NY Penal Law § 215.51 says
A person is guilty of criminal contempt in the first degree when he or she, in violation of a duly served order of protection (or one he or she knew about because he or she was in court when it was issued), does one of the following:
(b)(i) intentionally places or attempts to place the protected person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a firearm, or by means of a threat or threats; (ii) does so by repeatedly following the person or engaging in a course of conduct; (iii) does so by communicating with the person by phone, mail, electronic or other written means; (iv) with intent to harass, annoy, threaten or alarm, repeatedly makes telephone calls to the protected person with no purpose of legitimate communication; (v) with intent to harass, annoy, threaten or alarm, strikes, shoves, kicks or otherwise subjects the protected person to physical contact, or attempts or threatens to do the same; or (vi) by physical menace, intentionally places or attempts to place the protected person in reasonable fear of death, imminent serious physical injury or physical injury.
(c) commits criminal contempt in the second degree under PL 215.50(3) by violating the stay-away part of a qualifying order of protection, and has been convicted of aggravated criminal contempt or criminal contempt in the first or second degree for violating an order of protection within the preceding five years; or
(d) intentionally or recklessly damages the property of the protected person in an amount exceeding two hundred fifty dollars.
Criminal contempt in the first degree is a class E felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
The text above is condensed from the official statute; subdivision (a) of the section deals with refusing to testify before a grand jury and rarely comes up in a typical arrest. Read the full section at the link above.
What the prosecutor has to prove
- A valid order of protection was in effect.
- You were served with the order, or you knew about it because you were in court when it was issued.
- You did one of the specific acts listed in the statute, such as physical contact with intent to harass, threats, repeated calls, or more than $250 in property damage, or you violated a stay-away order with a qualifying prior conviction in the last five years.
- You acted with the required intent. For most subdivisions that means intent to harass, annoy, threaten or alarm, or intent to place the person in fear.
Penalties for criminal contempt in the first degree
| Outcome | What it means |
|---|---|
| Prison | Up to 4 years in state prison (class E felony). A sentence of 1 year or less in the county jail is also possible. |
| Probation | Up to 5 years of probation may be imposed instead of prison in many cases. |
| Order of protection | A new final order of protection is almost always issued at sentencing, often lasting several years. |
| Firearms | A felony conviction ends your right to possess a firearm. Guns are usually ordered surrendered while the case is pending. |
| Reduced outcome | Many cases resolve as criminal contempt in the second degree (a misdemeanor) or a lesser plea, depending on the facts and your record. |
Criminal contempt in the first degree is not on New York’s list of violent felony offenses, which gives the court more sentencing options than for a violent felony. Your record matters a great deal.
Charged with violating an order of protection?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How criminal contempt in the first degree charges show up on Long Island
We reviewed about two years of arraignment records from the Nassau County and Suffolk County district courts. About 185 people were arraigned on PL 215.51 in that time, roughly two out of three of them in Suffolk County.
The most common version, by far, was subdivision (b)(v): physical contact (or an attempt or threat of it) with intent to harass, annoy, threaten or alarm. The next most common was subdivision (c), a stay-away violation with a prior contempt conviction in the last five years, followed by threatening communications under (b)(iii).
These cases almost always start as domestic incident reports. The same arrest often carries charges such as criminal contempt in the second degree, harassment and aggravated family offense.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
A full stay-away order protects a former partner. Months later, the two run into each other at a family party, an argument starts, and the protected person tells police she was shoved. The prosecutor charges PL 215.51(b)(v). The defense looks at whether there was really a shove or just an argument, whether the order was properly served, what the other guests saw, and whether the contact was intentional.
Defenses to a PL 215.51 charge
- No valid service or knowledge. The prosecutor has to show you were served or were in court when the order was issued.
- The terms of the order. A “refrain from” order allows contact that a full stay-away order does not. What you did may not have violated the order you actually had.
- No required intent. Accidental contact, or contact the protected person started, may not meet the intent the statute requires.
- Credibility and evidence. Phone records, messages, video and witnesses often tell a different story from the complaint.
- The prior conviction. For subdivision (c), the prior must be the right kind of conviction and within five years.
- Property value. For subdivision (d), the damage has to exceed $250, and the value can be challenged.
Related offenses
- Criminal contempt in the second degree (PL 215.50), a class A misdemeanor
- Aggravated criminal contempt (PL 215.52), a class D felony
- Aggravated family offense (PL 240.75)
- Harassment in the second degree (PL 240.26)
- Long Island domestic violence defense
NY Penal Law § 215.51: frequently asked questions
Is criminal contempt in the first degree a felony in New York?
Yes. Criminal contempt in the first degree under Penal Law 215.51 is a class E felony, punishable by up to 4 years in state prison. Many cases are resolved with probation or a reduced plea, depending on the facts and your record.
What is the difference between criminal contempt in the first and second degree?
Second degree (PL 215.50) is a misdemeanor and covers intentionally disobeying a court order, including any order of protection violation. First degree (PL 215.51) is a felony and requires something more, such as physical contact with intent to harass, threats, repeated calls, more than $250 in property damage, or a repeat violation within five years.
Can the protected person drop a criminal contempt charge?
No. The District Attorney prosecutes the case, not the protected person. Their wishes matter, but only the prosecutor can dismiss or reduce the charge.
What if the protected person contacted me first?
The order of protection binds you, not them, so their contact is not a defense by itself. It can still matter to intent, to credibility, and to how the case is resolved.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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