Contempt of court generally involves willfully disobeying a court order or showing open disrespect for the authority of the court. In Kentucky, contempt can be characterized as either civil or criminal. The consequences a person faces depend largely on which type of contempt the court finds.

A criminal contempt finding can result in serious consequences, including fines or incarceration. The specific penalty depends on the conduct involved and the circumstances surrounding the violation. Because contempt involves the authority of the court itself, the judge has significant power to address conduct that interferes with court proceedings or disregards its orders.

What Is Criminal Contempt in Kentucky?

Criminal contempt involves conduct that obstructs justice or undermines the authority of the court, and its purpose is punishment for something that has already happened. Examples may include:

  • Willfully violating a court order
  • Refusing to obey a judge
  • Disrupting courtroom proceedings
  • Failing to appear when ordered 

In these situations, you may face jail time and/or fines. A Kentucky court may impose up to 6 months of incarceration without a jury trial. If the court seeks to impose more than 6 months, the defendant is entitled to a jury trial. A sufficiently serious fine can also trigger the right to a jury trial, although Kentucky law does not set one universal dollar amount that automatically makes a fine serious.

Is Contempt a Misdemeanor or Felony?

Under Kentucky law, criminal contempt isn’t technically a misdemeanor or a felony. It falls under the court’s separate contempt powers, though anyone facing criminal contempt proceedings still receives many of the same constitutional protections that apply in a regular criminal prosecution.

A criminal contempt finding, therefore, does not become a misdemeanor or felony simply because the court imposes a fine or jail sentence. Instead, the contempt proceeding remains separate from Kentucky’s ordinary statutory classification of criminal offenses.

Being accused of contempt doesn’t mean the court will find you in contempt. Criminal contempt requires the court to establish the necessary elements of the allegation, including willful conduct. The facts surrounding the court order, what the accused person knew, and whether compliance was possible can all be relevant. 

Several defenses can defeat the allegation, depending on the facts: 

  • The violation wasn’t willful: Criminal contempt requires intentional disobedience. A mistake, a misunderstanding, or circumstances outside your control don’t qualify.
  • The order was unclear or ambiguous: You can’t be punished for violating an order that didn’t clearly tell you what to do or when to do it.
  • You actually complied: Some contempt disputes come down to differing interpretations of the order or incomplete information reaching the court.
  • Compliance was impossible: If doing what the court ordered was genuinely impossible, a contempt finding isn’t legally justified.
  • A criminal contempt proceeding lacked constitutional protections: Criminal contempt requires proof beyond a reasonable doubt, and in some cases, a jury trial. If your rights were violated, this can be used in your defense. 

It’s always worth having a lawyer review the situation before you start talking to prosecutors, the judge, or police officers. 

Contact Suhre & Associates DUI and Criminal Defense Lawyers Today To Schedule a Free Consultation With a Louisville Criminal Defense Attorney

Contempt charges in Kentucky are more serious than you might initially think. The exact outcome and possible penalties depend on which type of contempt you’re facing and what the underlying conduct was. 

A finding of criminal contempt can result in fines, incarceration, and other consequences imposed by the court. Having an attorney review the circumstances can help determine what defenses may apply to the allegations against you.

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.

Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A,
Louisville, KY 40202

(502) 371-7000