Penal Code 166 defines contempt of court as behavior that insults, disrespects, or defies the dignity or authority of a court. It involves acts that hinder the judge’s ability to make a ruling. Typically, the judge has the discretion in determining whom to hold in contempt, and those held in contempt can include jurors, individuals in a proceeding, court staff, witnesses, and attorneys.
So, what happens if you are charged with Penal Code 166 in Los Angeles? Will you serve time? How will a conviction affect your life, career, or freedom? This blog post discusses everything you should know about this crime.
Defining Criminal Contempt of Court
PC 166 defines contempt of court as engaging in conduct that is insolent to the court and the court process. Contempt of court can be either criminal or civil. This article focuses on criminal contempt of court.
Civil contempt is different from criminal contempt because it serves a different goal. Typically, a judge uses civil contempt of court to guarantee that an individual refrains from or does a specific action, if necessary. If you fail to adhere to your child visitation order or finish your real estate deal, the judge could put you in civil contempt of court.
You are guilty of PC 166 if you engage in one of the following acts:
- Contemptuous, insolent, or disorderly conduct towards the in-charge judge that disrupts the trial proceedings
- Unruly or violent conduct that disrupts the flow of a judicial or trial hearing
- Engaging in improper behavior or intentionally violating or neglecting your responsibilities as a clerk, coroner, clerk, or any person elected or appointed to execute ministerial or judicial duties.
- Inappropriate use of court procedures or processes or pretending to operate under court procedure or order
- Disobeying a court process, judgment, or order
- Unlawfully holding witnesses to a case while they are staying at, leaving, or going to the court where a court proceeding is scheduled
- Refusing to comply with a subpoena that was appropriately served or refusing to testify or be sworn in
- Failing to show up when asked to assist as a jury member
- Talking improperly to a party to a criminal case about the case’s merits or receiving a message about the case and failing the tell the court straightaway as a juror
- Failing to adhere to a legal order, process, or judgment of a higher court as an officer or magistrate of a lower court
- Publication of an inaccurate or false report of court proceedings
- Breaking a stay-away order (protective order) involving elder abuse or domestic violence (DV)
- Willful violation of a legally court-issued injunction term that restrains criminal street gang activities or its members, including a pending trial order
While PC 166 outlines several criminal acts, the most typical crime is disobeying your court order.
Disobeying Your Court Order
The prosecution should establish the following facts of the crime to sentence you of PC 166 for disobeying your court order:
- The court issued a lawful order
- You were aware of your court order
- You could obey the order but willfully failed to act so.
The term “willfully” means engaging in conduct on purpose or deliberately.
Regarding the knowledge of your court order, the prosecution should verify that:
- The defendant was aware of their court order and that
- They had the chance to read the order
Please note that you can still be convicted if you knew of the court order but failed to read its content.
Direct and Indirect Contempt
Contempt of court (PC 166) can either be directly or indirectly.
Direct contempt occurs in the court. For instance, you can face direct contempt by shouting in a manner that hinders the court’s ability to function.
On the other hand, indirect contempt happens outside the court. Perfect examples could be inappropriately communicating with a juror outside the courtroom or refusing to submit subpoenaed evidence.
Penalties, Sentencing, and Consequences of PC 166 Violation
Violating this crime is a misdemeanor. A first-time crime carries the following penalties:
- Up to one thousand dollars in fine
- A maximum of six months in jail
Sometimes the judge can impose community service instead of paying fines.
However, some situations can result in more severe penalties, including when you:
- Break the terms and conditions of a DV stay-away order
- Possess or own a gun in violation of a court order
- Break a protective/restraining order when you were previously convicted of stalking
While the offense remains a misdemeanor, the maximum county jail sentence becomes a year.
Felony Violation
A second-time or subsequent protective order violation is a wobbler. A wobbler is a crime the prosecutor can either file as a felony or a misdemeanor, depending on the case circumstances.
It becomes a wobbler if any of the following apply:
- The previous PC 166 crime was within seven (7) years
- The law violation involved credible threats of violence or acts of violence
- The protective order was linked to DV, sexual injuries to a minor child, or dependent or elder abuse
A misdemeanor attracts a one-year county jail sentence, while a felony carries a sentence of sixteen (16) months, two (2) years, or three (3) years in prison.
Immigration Penalties
A violation of PC 166 is neither an aggravated felony nor a crime involving moral turpitude (CIMT). It does not have adverse immigration consequences. That means you cannot be marked as inadmissible or deported as an immigrant.
Effects on Your Firearm Rights
A PC 166 conviction will not affect your gun entitlement.
California law makes it illegal to own, possess, or purchase a gun after committing certain crimes, like felonies. Contempt of court is not one of them.
Fighting PC 166 Criminal Charges
Your defense attorney should review the facts of the case to develop your most effective legal defense. Common legal defenses include:
There is No Willful Violation of the Court Order
One element of disobeying a court order that the prosecutor must prove before convicting you is that you willfully violated the order. Therefore, it is a valid legal defense to argue that you did not intentionally disobey your court order.
False Accusations
False allegations are common in PC 166 cases, especially when a relationship goes sour and one party seeks vengeance.
Therefore, it is a legal defense to argue that the other party unjustly blamed you.
The Defendant Did Not Have the Capacity to Abide by their Court Order
A perfect example is when a defendant has a protective order to stay away from a specific individual, but the person comes to the defendant’s home without their knowledge. In this case, they cannot be convicted of PC 166.
You Were Not Aware of the Court Order
Another valid legal defense to this offense is that you cannot be convicted if you do not know of the issued court order. For instance, if you are required to appear in court for a proceeding, but the court delivered the subpoena to an incorrect address.
Related Offenses
Below are some common offenses related to PC 166.
Violating a Restraining Order
You violate PC 273.6 when you break the terms of a court-issued protective order, stay-away order, or restraining order.
It is a misdemeanor punishable by one year in county jail and a maximum fine of one thousand dollars. However, a subsequent crime or violation that involves violence is a felony punishable by three years in state prison and $10,000 in fines.
California Stalking
Penal Code Section 646.9 PC makes it an offense to follow, threaten, or harass a person to a level that the individual fears for their safety.
The crime is a wobbler. A misdemeanor carries the following maximum penalties:
- Summary or misdemeanor probation
- A year in jail
- One thousand dollars in fine
The crime becomes a felony if you have a prior stalking conviction or the stalking involves a violation of a court-issued protective order. A conviction will subject you to the following penalties:
- Formal or felony probation
- A five-year sentence in prison
- One thousand dollars in fine
The crime also carries civil penalties.
Failure to Appear (FTA)
You violate PC 1320 when you deliberately fail to show up in court when needed to do so.
PC 1320 penalties depend on the underlying crime.
If convicted of a misdemeanor, your FTA is a misdemeanor punishable by a $1,000 fine and a maximum six-month county jail sentence.
If found guilty of a felony, your FTA becomes a felony. The crime carries:
- A year in county jail
- $5,000 in fines
- Sixteen months, two years, or three years in prison
Preparing For Your Trial
It is unwise to go to court unprepared. Preparing for your hearing reduces the possibility of an unexpected turn of events. Here is what to do:
Organize All the Essential Documents and Records
Typically, a court proceeding requires many highly vital documents. The last thing you want to do is forget about or misplace any of them. Ensure you have copies of exhibits, outlines, and speaking notes.
You can also carry extra copies if you need to issue them to the court or the clerk.
Dress Appropriately
When preparing for your court appearance, you should be concerned more than about what you will say or your conduct in the courtroom. You should also think about your dress code. Also, the choice of colors and clothing style can significantly affect how the jury and judge perceive you. Therefore, dress as professionally and neatly as possible.
For men, wear your unsurpassed business suit if you have one. If not, consider a long-sleeved shirt, pressed slacks, and a blazer. Remove your earrings, limit jewelry to a wedding ring and a watch, and conceal tattoos. Ensure your hand is trimmed short and in its natural color.
It can be complex when considering what a woman should wear in court. Nevertheless, the golden rule remains: be conservative and professional. You can choose a modest-looking dress, a pantsuit, or a long skirt with a professional blouse.
The best color to wear to a courtroom is dark gray or navy blue. These colors signify seriousness. Avoid patterns or bright colors because they can be distracting.
You should also consider that the courthouse can be an old building with defective air conditioning. Therefore, ensure you look decent with or without a blazer.
Be Respectful
Court hearings can be complex, and things can be said that can offend you. How you act and hold yourself throughout your trial significantly affects the case in the long run. Be respectful to jurors, judges, court clerks, prosecutors, and bystanders. Losing your temper, talking in inappropriate language, rolling your eyes, or raising your voice will damage your image and reduce the possibility of a favorable case outcome.
Ensure you refer to the judge as “your honor.” The same applies to every person you interact with. Always use well-mannered language like "Ms.," "Mrs., "Sir," "Madam," "Thank you," and "Please" whenever appropriate. Avoid interrupting anyone when speaking. Instead, wait for your turn to talk.
Listen carefully and answer the questions asked. Avoid delaying or evading answering the judge’s questions to discuss something else.
Arrive Early
Ensure you show up early. It allows you to find the courthouse early. You might also discover that you must file specific court papers on your trial date.
When you arrive at the courthouse, go to the wall next to the door. There will be a docket highlighting all the cases the court will hear that day. Write down the number adjacent to your criminal case, walk to the courtroom clerk assistant, and tell them your case number. They will issue you a paper on which to put your contact details, including your case’s docket number. If you have legal representation, your criminal defense attorney will do this on your behalf.
Expunging Your PC 166 Criminal Charges
Securing employment is the most challenging aspect of moving forward with life after being charged with an offense. Most companies perform background checks when shortlisting ideal job candidates. Luckily, you can expunge criminal records.
Expungement under PC 1203.4 will release you from penalties and consequences related to a conviction. To have the criminal record expunged, the judge will let you withdraw the guilty plea and set aside the conviction before dismissing the case. Essentially, expungement removes your conviction from your criminal record.
You qualify for expungement, provided you did not spend time in prison.
PC 1203.4 allows expungement for the crime provided you:
- Completed your probation
- Are not currently:
- Charged with a crime
- On probation for an offense
- Serving time
If the judge grants you probation, you should meet all your probation conditions during probation or until the court discharges the probation. Probation terms can include:
- Attending regular meetings with the probation officer
- Abiding by all court rules, regulations, directives, and orders
- Performing community service
You can still qualify for expungement even if you broke your probation terms. The judge will schedule a court hearing to determine whether to deny or grant your PC 1203.4 expungement petition. Some factors the judge considers include the following:
- Your overall probation performance
- The severity of your conviction
- Your criminal history
- Additional proof that shows why you deserve the relief, like an opportunity to secure employment, strong community ties, and support for your family.
You can request a Governor's pardon if you are not eligible for expungement. Although the Governor’s pardon will not set aside the conviction, it will show that you have been of good character after the conviction and are ready to be a productive member of your community.
How Expungement Affects Your Life
After expungement, your criminal record will indicate that you were arrested and convicted, but the conviction was set aside and the case dismissed in the interest of justice. Expungement differs from a factual innocence motion since criminal records are neither sealed nor destroyed.
While it might seem like expungement did not erase the criminal history, the record will show that your PC 166 case was dismissed. California Labor Code 432.7 bans your potential employer from asking you to reveal details about your conviction. It is also illegal for an employer to discriminate against a person based on an expunged criminal record.
However, you should disclose that you have been sentenced if you are applying for a federal or state government job.
Other benefits of an expungement include the following:
- It is easier to acquire state professional licenses
- It is easier to obtain housing and educational opportunities
- The court cannot impeach your credibility as a witness based on the expunged conviction
Contact a Skilled Los Angeles Criminal Defense Attorney Near Me
If you are involved in a legal proceeding, you should follow the court's orders. Otherwise, you will be held in contempt and should understand your rights and how to fight for them. PC 166 charges are complicated and carry severe criminal penalties. Competent legal representation can make a difference in determining whether you will be acquitted or convicted. The legal team at The Los Angeles Criminal Defense Attorney can work aggressively to increase your chances of obtaining a favorable case outcome. Please contact us today at 310-564-2605 to learn how we can help you.
