Criminal contempt in the second degree is a Class A misdemeanor in New York, and the penalties on conviction can include up to 364 days in jail, a fine of up to $1,000, mandatory court surcharges of $200, and in many cases probation or a conditional discharge instead of or alongside incarceration. The charge also leaves a conviction on your record that affects background checks, professional licensing, and immigration status for years. How a particular case lands within that range depends on the conduct, your record, and whether the facts push the charge up to a felony.
The Statutory Sentencing Range
Second-degree criminal contempt sits at the top of the misdemeanor ladder in New York. A judge sentencing someone convicted under Penal Law 215.50 can draw from the full set of Class A misdemeanor penalties.
Jail
The maximum jail sentence is 364 days. New York deliberately amended its statute so that what used to read as “one year” or “365 days” for a misdemeanor now means 364 days.1New York State Senate. New York Code PEN 70.15 – Sentences of Imprisonment for Misdemeanors and Violation The one-day difference was a legislative choice to protect noncitizens from certain federal immigration consequences triggered by a sentence of “one year or more.” Judges rarely impose the maximum on a first offense, but it is on the table, especially where the conduct involved repeated violations or an order of protection in a domestic case.
Fines
A fine of up to $1,000 is authorized under Penal Law 80.05(1).2New York State Senate. New York Code PEN 80.05 – Fines for Misdemeanors and Violation The fine is discretionary; the court can impose it in addition to jail, in place of jail, or not at all.
Mandatory Surcharges
Every misdemeanor conviction in New York triggers a mandatory surcharge of $175 plus a $25 crime victim assistance fee, totaling $200.3New York State Senate. New York Penal Law 60.35 – Fines, Surcharges and Fees Judges cannot waive these. They apply even when the court imposes no fine and even when the sentence is a conditional discharge with no jail time.
Probation and Conditional Discharge
Not every conviction results in incarceration. For a Class A misdemeanor, a judge can impose a sentence of probation lasting two or three years. During probation you have to comply with conditions set by the court, which commonly include attending anger management programs, staying away from the protected party in an order-of-protection case, or submitting to drug testing.4New York State Senate. New York Code PEN 65.00 – Sentence of Probation
For less serious cases, particularly involving first-time offenders, a conditional discharge may be available. A conditional discharge releases you without jail time or probation supervision for one year, subject to conditions the court sets. Violate those conditions or pick up a new charge during the year, and the court can revoke the discharge and resentence you to something harsher, up to the full statutory maximum.5New York State Senate. New York Code PEN 65.05 – Sentence of Conditional Discharge
When the Penalty Jumps to a Felony
What looks like a misdemeanor charge can become a felony depending on how the alleged violation played out. This matters because the sentencing ceiling changes dramatically.
Under Penal Law 215.51, criminal contempt in the first degree is a Class E felony punishable by up to four years in prison. Escalation usually happens in order-of-protection cases where the conduct goes beyond simple disobedience. The first-degree statute reaches situations where a person violates a protective order by displaying a weapon or making threats that put the protected person in reasonable fear of physical injury or death, by following the protected person repeatedly or engaging in a pattern of conduct over time, by making threatening or harassing communications through phone, text, mail, or electronic means, by repeatedly calling with no legitimate purpose, or by physically striking, shoving, or making physical contact. Refusing to testify before a grand jury also falls under first-degree contempt.6New York State Senate. New York Code PEN 215.51 – Criminal Contempt in the First Degree
If the violation causes actual physical injury to the protected person, the charge can rise further to aggravated criminal contempt under Penal Law 215.52, a Class D felony carrying up to seven years in prison. A prior conviction for first-degree contempt within the preceding five years can also trigger the aggravated charge.7New York State Senate. New York Code PEN 215.52 – Aggravated Criminal Contempt
This is where many people get blindsided. What starts as a misdemeanor for sending a prohibited text message can become a felony if the messages are threatening, repeated, or part of a pattern.
What Conduct Actually Draws the Charge
Penal Law 215.50 lists seven categories of conduct that count as criminal contempt in the second degree, from disrupting court proceedings and disturbing the peace near a courtroom, to refusing to be sworn as a witness, publishing a grossly inaccurate account of court proceedings, ignoring jury-service mandates, and demonstrating within 200 feet of a courthouse to influence a trial.8New York State Senate. New York Code PEN 215.50 – Criminal Contempt in the Second Degree In practice, one subdivision drives most charges: intentional disobedience of a court order, almost always an order of protection.
Order-of-protection violations are read broadly. Sending a text, leaving a voicemail, reaching out through a mutual friend, tagging someone on social media, commenting on their posts, or checking in at their location can all count as prohibited contact. Screenshots are routinely admitted as evidence, and deleting posts after the fact does not help; it can raise questions about concealment. Even an accidental encounter in a public place can turn into a charge if you linger instead of leaving.
Defenses That Affect the Penalty
Because the prosecution has to prove willful disobedience beyond a reasonable doubt, several defenses can defeat the charge outright or push the sentence toward the lower end of the range.
Lack of knowledge is the most effective. If an order of protection was never properly served and you were not present when the judge issued it, the knowledge element fails. Courts have dismissed contempt charges where defendants lacked clear notice of the order or its specific terms.
Impossibility of compliance is a valid defense when documented promptly. A subpoenaed witness who was hospitalized, a person ordered to produce documents destroyed in a fire, or someone who encountered a protected person by coincidence and left immediately can each argue their noncompliance was not willful.
Ambiguity in the order itself gives the defense room to argue a plausible interpretation. An order that says “stay away from the protected person’s residence” without defining a distance leaves prosecutors to prove your presence on the block was a knowing violation.
Even where none of these defenses defeats the charge, mitigating circumstances shape the sentence. Judges routinely weigh a clean criminal record, genuine confusion about an order’s terms, voluntary efforts to correct the violation, and personal circumstances such as mental health or substance abuse. A single conciliatory message is treated differently from dozens of threatening calls.
Long-Term Consequences Beyond the Sentence
Employment and Professional Licensing
A Class A misdemeanor conviction shows up on criminal background checks and can create real problems with employment, particularly in fields that require professional licenses or security clearances. Under federal law, consumer reporting agencies can report criminal convictions indefinitely, with no time limit. Licensing boards in many professions conduct their own investigations and may impose discipline ranging from probation to suspension, sometimes before a conviction is even final. A contempt conviction tied to an order of protection tends to draw scrutiny.
Immigration
For noncitizens, a contempt conviction can affect visa renewals, green card applications, and naturalization. The 364-day sentencing cap was designed to avoid the harshest federal immigration triggers, but a conviction can still be characterized as a crime involving moral turpitude or a domestic violence offense depending on the facts. Anyone who is not a U.S. citizen should consult an immigration attorney before entering a plea.
Sealing the Record
New York allows people to apply to seal up to two eligible criminal convictions, including misdemeanors, but the waiting period is long: at least 10 years from the date of sentencing, or 10 years from the date of release if you served jail time. Time incarcerated does not count toward the waiting period. The court considers the seriousness of the offense, your criminal history since the conviction, and the impact of sealing on your rehabilitation and employment. Sealing is not automatic and not guaranteed.9New York State Senate. New York Code CPL 160.59 – Sealing of Certain Convictions