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NY Penal Law § 215.52: Aggravated Criminal Contempt
Aggravated criminal contempt, NY Penal Law § 215.52, is the most serious order of protection charge. It applies when someone causes physical injury to the person protected by an order of protection, or commits first-degree criminal contempt after certain prior contempt convictions. It is a class D felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends these charges in Nassau County and Suffolk County courts.
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NY Penal Law § 215.52 at a glance
| Aggravated criminal contempt | |
|---|---|
| Statute | NY Penal Law § 215.52 |
| Charge level | Class D felony (non-violent) |
| Maximum prison term | Up to 7 years |
| Most common on Long Island | Subdivision 1: causing physical injury to the protected person |
| Lesser charges | Criminal contempt in the first degree (PL 215.51) and Criminal contempt in the second degree (PL 215.50) |
What NY Penal Law § 215.52 says
A person is guilty of aggravated criminal contempt when:
1. in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or serious physical injury to a person for whose protection such order was issued; or
2. he or she commits the crime of criminal contempt in the first degree as defined in subdivision (b) or (d) of section 215.51 of this article and has been previously convicted of the crime of aggravated criminal contempt; or
3. he or she commits the crime of criminal contempt in the first degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdivision (b) or subdivision (c) of section 215.51 of this article, and has been previously convicted of the crime of criminal contempt in the first degree, as defined in such subdivision (b), (c) or (d) of section 215.51 of this article, within the preceding five years.
Aggravated criminal contempt is a class D felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- A valid order of protection was in effect, and you were served with it or knew about it from being in court.
- For subdivision 1: you intentionally or recklessly caused physical injury or serious physical injury to the protected person.
- For subdivisions 2 and 3: you committed first-degree criminal contempt and have the specific prior conviction the subdivision requires.
Penalties for aggravated criminal contempt
| Outcome | What it means |
|---|---|
| Prison | Up to 7 years in state prison (class D felony). |
| Probation | Aggravated criminal contempt is not on the violent felony list, so probation or local jail is possible in some cases. |
| Order of protection | A new long-term order of protection is expected on any conviction. |
| Firearms and immigration | A felony conviction ends firearm rights and can carry serious immigration consequences. |
Charged with aggravated criminal contempt?
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 aggravated criminal contempt charges show up on Long Island
In about two years of Nassau County and Suffolk County arraignment records, about 13 people were arraigned on PL 215.52, most of them in Nassau County. The most common version was subdivision 1, causing physical injury to the protected person.
These charges almost always come with Criminal contempt in the first degree (PL 215.51), Criminal contempt in the second degree (PL 215.50) and assault charges from the same incident.
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 spouse. After an argument at a child exchange, the former spouse reports a push that caused a bruised arm and wrist pain. The charge is PL 215.52(1). The defense examines whether the injury meets the legal definition of physical injury, whether the contact was intentional or reckless, and whether the exchange was permitted under a Family Court order.
Defenses to a PL 215.52 charge
- No physical injury. Physical injury means impairment of physical condition or substantial pain; minor contact may not qualify.
- Service and terms of the order. The order must have been served or known, and its terms matter, especially with Family Court visitation orders.
- The prior conviction. Subdivisions 2 and 3 require specific prior convictions, and the timing matters.
- Self-defense and credibility. Video, texts and witnesses often tell a different story.
Related offenses
- Criminal contempt in the first degree (PL 215.51)
- Criminal contempt in the second degree (PL 215.50)
- Aggravated family offense (PL 240.75)
- Long Island domestic violence defense
NY Penal Law § 215.52: frequently asked questions
What is aggravated criminal contempt in New York?
Under Penal Law 215.52, it is causing physical injury to the person protected by an order of protection, or committing first-degree criminal contempt after a qualifying prior contempt conviction. It is a class D felony.
What is the sentence for aggravated criminal contempt?
It is a class D felony with a maximum of 7 years in state prison. It is not on the violent felony list, so probation or local jail may be possible in some cases.
How is aggravated criminal contempt different from criminal contempt in the first degree?
First-degree contempt covers threats, harassing contact, repeated calls, property damage over $250 and repeat violations. Aggravated criminal contempt requires actually causing physical injury to the protected person, or specific prior convictions.
Can the protected person drop the charge?
No. The District Attorney decides whether to prosecute. The protected person’s wishes matter but do not control the case.
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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