Respect isn’t something you get inherently, it needs to given from earning it. Applying this in the legal system, respecting the court’s authority is extremely important. When that respect falters, by disobeying court orders, the charge of contempt can fall onto your lap. California Penal Code 166 comes into play and this isn’t something that is matter of etiquette, it’s a legal mechanism so it may hold integrity of judicial proceedings. This ensures and gives enforcement of court orders. At KAASS LAW, we understand that facing contempt charges can be confusing and a stressful experience. The following will provide clarity on its implications, and the importance of securing legal representation regarding this matter.
Contempt of Court: California PC 166
In California, it is a crime to purposefully and intentionally violate a court order. California Penal Code Section 166 (PC 166) refers to a wide range of behaviors that are essentially disrespectful to the court and the court process. Here is the list of unlawful actions that is the Penal Code.
- Court proceeding interruption in the direct view of the judge using disorderly, rude, or contemptuous behavior.
- Trial or hearing interruption overseen by a referee using disorderly, rude, or contemptuous behavior.
- Intentional and willful violation of a gang injunction order
- Making noise or otherwise disturbing the peace in a way that directly interrupts court proceedings.
- Intentional and willful disobedience of the written terms of a California or out-of-state court order.
- Publication of a grossly false or inaccurate report of a court proceeding.
- Intentional and willful resistance to a lawful court order.
- Refusal to swear in as a witness or to comply with the judge’s requests during any court proceeding.
- Presenting unauthorized statements in mitigation or aggravation to a sentencing judge.
Elements of PC 166 Contempt of Court Crimes in California
Prosecutor must establish the following elements for convicting the defendant of contempt of court:
- Court issued a lawful written order to the defendant
- Defendant was aware of the court order
- Defendant had the ability to follow the court order
- Defendant deliberately violated the court order
Legal Defenses for California Penal Code Section 166 Charges
- Defendant did not mean to be in contempt and violate the court order
- Defendant was not aware of the court order
- Defendant did not have the ability to follow the court order
- The court order was issued unlawfully
- Defendant is a victim of false accusations;
Penalties for Violating a Court Order
In California violation of PC Section166 is usually a misdemeanor offense. This means that in case the defendant is convicted for contempt of court he can be sentenced to:
- Up to six months in a county jail
- A Fine up to $1,000
- Misdemeanor probation
Aggravating Factors for Contempt of Court
Though there are certain violations that can result in more serious criminal penalties. The charges for contempt of court can be aggravated in case any of the following take place:
- Defendant violated an order of protection in a domestic violence case
- Defendant violated an order of protection in an elder abuse case
- Defendant had a prior conviction for stalking and violating an order of protection
- Defendant own or possess a gun or firearm in violation of an order of protection
- Defendant had prior convictions for violating a court order.
In case the defendant is found guilty in contempt of court and at least one of the above mentioned aggravating factors is present he can face:
- Up to one year in a county jail
- Up to three years in California state prison;
- A fine up to $10,000
- Additional criminal charges.
Defenses Against Contempt Charges
Facing contempt charges doesn’t automatically mean a conviction is inevitable. Several potential defenses can be raised, depending on the specific facts of the case:
- Lack of Notice: Arguing that you were not properly notified of the court order.
- Inability to Comply: Demonstrating that you were genuinely unable to comply with the court order due to circumstances beyond your control.
- Ambiguity of the Order: Claiming that the court order was vague or unclear, making it difficult to understand or comply with.
- Invalid Court Order: Challenging the legality or validity of the underlying court order.
- Good Faith Effort: Showing that you made a reasonable and good-faith effort to comply with the court order, even if you were ultimately unsuccessful.
- Mistaken Identity: Proving that you were wrongly identified as the person who disobeyed the court order.
The Importance of Legal Representation
Contempt of court charges can have serious consequences, including jail time and fines. Navigating the complexities of PC 166 requires the expertise of an experienced criminal defense attorney. A skilled attorney can:
- Analyze the Case: Thoroughly examine the facts of the case, identify potential defenses, and develop a strategic legal approach.
- Negotiate with the Prosecution: Attempt to negotiate a favorable resolution, such as reduced charges or penalties.
- Represent You in Court: Provide aggressive and effective representation in court, protecting your rights and advocating on your behalf.
- Challenge the Evidence: Question the validity of the evidence presented by the prosecution and challenge the legality of the court order.
- Protect Your Rights: Ensure that your constitutional rights are under protection throughout the legal process.
Why Choose KAASS LAW?
At KAASS LAW, we understand the complexities and challenges of facing contempt of court charges. We can commit and provide our clients with personalized and aggressive legal representation. Our experienced attorneys have a proven track record of success in defending individuals against criminal charges, including contempt of court.
If you are facing contempt of court charges in California, don’t hesitate to contact KAASS LAW for a confidential consultation. We will review your case, explain your legal options, and develop a tailored defense strategy to protect your rights and your future. Additionally, if you get charged for failing to appear in court, we can help!