Criminal Contempt – NRS 199.340

Overview

Criminal contempt is a legal term that refers to actions that disrespect or disobey the authority of a court. Under Nevada Revised Statute (NRS) 199.340, criminal contempt is addressed to maintain the integrity and effectiveness of the judicial system. The statute aims to ensure that court orders and procedures are respected, and it provides a mechanism for the courts to address behaviors that undermine their authority.

Definition of Criminal Contempt

Criminal contempt involves behavior that demonstrates a willful disregard for the authority of the court or its orders. Under NRS 199.340, criminal contempt can occur in several contexts, including:

1. Disobedience of Court Orders: Failing to comply with a court order, such as not paying child support or ignoring a restraining order.
2. Disruption of Court Proceedings: Behaving in a manner that disrupts court proceedings, including yelling, threatening, or otherwise obstructing the court’s operations.
3. Failure to Appear: Not appearing in court when legally required, particularly after being duly notified.
4. Witness Tampering: Attempts to influence or intimidate witnesses to prevent them from testifying or providing evidence in court.

Legal Requirements for Prosecution

To secure a conviction for criminal contempt under NRS 199.340, the prosecution must prove the following elements beyond a reasonable doubt:

1. Existence of a Court Order: There must be a clear and specific court order in place that the accused has allegedly violated.
2. Knowledge of the Order: The accused must have known about the court order. Ignorance of the law or court orders is typically not a valid defense.
3. Willful Disobedience: The accused must have willfully disobeyed or failed to comply with the court order, demonstrating a conscious choice to disregard the court’s authority.

Related Offenses

Criminal contempt is related to several other offenses, including:

• Civil Contempt: Often involves failure to comply with a court order but is typically resolved through compliance rather than criminal penalties.
• Obstruction of Justice – NRS 199.210: Involves interfering with the judicial process or the administration of justice.
• Disorderly Conduct – NRS 207.200: Engaging in disruptive behavior that can interfere with public peace or safety.

Examples of Criminal Contempt

Understanding NRS 199.340 can be clarified through specific examples:

• Example 1: A parent is ordered by the court to pay child support but deliberately refuses to make payments. This willful disobedience can result in charges of criminal contempt.
• Example 2: An individual appears in court and begins to shout insults at the judge, disrupting the proceedings. Such behavior can lead to a charge of criminal contempt for disrespecting the court.

Penalties for Criminal Contempt

The penalties for criminal contempt under NRS 199.340 can vary based on the severity of the offense and the specific circumstances involved:

• Misdemeanor Charges: Many contempt cases are charged as misdemeanors, which can result in:
  • Fines: Up to $1,000.
  • Imprisonment: Up to 6 months in jail.

Defenses Against Criminal Contempt Charges

If you are facing charges of criminal contempt under NRS 199.340, several defenses may apply:

1. Lack of Knowledge: If the accused can prove that they were not aware of the court order or that the order was not clearly communicated, this may serve as a defense.
2. Inability to Comply: Demonstrating that compliance with the court order was impossible due to circumstances beyond the individual’s control can be a valid defense.
3. Lack of Willfulness: If the accused can show that their actions were not willful or intentional, this may undermine the prosecution’s case.
4. Procedural Errors: If there were violations of the defendant’s rights during the contempt proceedings, such as lack of proper notification or an unfair trial process, this can affect the outcome.

The Importance of Legal Representation

Navigating the complexities of criminal contempt charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling contempt cases equips him to provide a robust defense for those accused under NRS 199.340.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal system make him a strong advocate in cases of criminal contempt.

Understanding Your Rights

If you are accused of criminal contempt, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of criminal contempt under NRS 199.340 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.