Contempt of Court | Penal Code § 166

Description

Contempt of Court charges may be filed against a person who exhibits disorderly, contemptuous, or insolent behavior during the sitting of a court of justice. The actions must be in the immediate view and presence of the court , and constitute a breach of the peace, noise, or other disturbance. Acts of willful disobedience of the terms, as written, of any process or court order may also trigger charges.

What does the prosecutor have to prove?

1. Defendant behaved in a disorderly, contemptuous or insolent manner. 2. Defendant’s behavior was committed during the sitting of a court of justice, in immediate view and presence of the court.
3. The defendant acted with the intent to interrupt the court’s proceedings or to impair the respect due to its authority. [PC 166(a)(1)]

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	May
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No