NJ Harassment Lawyers

NJ Harassment Lawyers

Dealing with harassment charges in New Jersey can be really stressful and confusing. But having an experienced New Jersey harassment lawyer on your side can make all the difference.

In this article, we’ll break down everything you need to know about harassment laws and defenses in NJ. We’ll also give some tips on how to find the right harassment attorney for your case.

What is Harassment Under New Jersey Law?

Harassment is governed by N.J.S.A. 2C:33-4 in New Jersey. This law says that someone can be guilty of harassment if they:

• Make communications in an offensively coarse way
• Communicate in a manner likely to cause annoyance or alarm
• Subject someone to striking, kicking, shoving, or other offensive touching
• Threaten to do bodily harm to someone
• Engage in any other course of alarming conduct serving no legitimate purpose

As you can see, harassment covers a pretty wide range of behaviors under New Jersey law. It’s not limited only to physical harassment or threats of violence.

Offensive or annoying communications, either in-person or online, can also lead to harassment charges. And it doesn’t even matter if the communication wasn’t directed at a specific person – for example, posting offensive comments on social media can still lead to harassment charges if someone finds them alarming or annoying.

What Does the Prosecution Have to Prove?

To convict someone of harassment in New Jersey, the prosecution has to prove a few key things:

1. The defendant made a communication or engaged in conduct covered by the harassment law
2. They had the purpose to harass the victim
3. The victim felt seriously alarmed, annoyed, or harassed by the defendant’s actions

It’s not enough for the communication or conduct to simply annoy someone. The prosecution has to show that the defendant specifically meant to harass, annoy, or alarm the victim when they acted.

And the victim has to have felt seriously – not just mildly or briefly – alarmed, annoyed, or harassed. If the victim wasn’t seriously bothered, then harassment charges usually can’t stick.

What Are the Penalties for Harassment in NJ?

Harassment is generally a disorderly persons offense in New Jersey. But penalties can vary based on the circumstances of the case.

Simple harassment is a petty disorderly persons offense. This carries:

• Up to 30 days in jail
• Up to $500 in fines

If the defendant has already been convicted of harassment before, or the victim was under 13 years old, harassment becomes a disorderly persons offense. This ups the possible penalties to:

• Up to 6 months in jail
• Up to $1,000 in fines

And in cases of cyber-harassment involving adults and minors, possible penalties go even higher – up to 18 months in jail and $10,000 in fines if the defendant is over 21 and the victim is under 18.

How Can a NJ Harassment Lawyer Help?

Facing criminal charges is always scary, but a good New Jersey harassment attorney can help make the process easier to handle. An experienced lawyer can:

• Negotiate with the prosecution for reduced charges or penalties
• Build the strongest possible defense to fight the charges
• Gather evidence and witness statements to support your case
• Represent you in court if the case goes to trial
• Advocate for the best possible outcome in your case

Rather than trying to navigate New Jersey’s harassment laws on your own, having an attorney on your side can help even the odds. Their legal knowledge and courtroom experience can make all the difference.

Common Harassment Defenses in New Jersey

There are a few common defenses that a skilled New Jersey harassment lawyer may use to fight your charges, including:

Lack of intent

Since prosecutors have to prove you meant to harass the victim, your attorney can argue you had no such intent. Maybe you were just joking around with a friend and didn’t mean to seriously alarm them. Or you made an off-color comment not directed at anyone in particular. Without intent, there’s reasonable doubt.

Free speech

The First Amendment protects free speech, even speech that some may find offensive or annoying. Your lawyer may argue your communications were protected political, religious, or social commentary.

Self-defense

If charged with offensive touching, your attorney may argue you acted in self-defense to protect yourself from harm. Self-defense can justify physical actions that might otherwise seem harassing.

Mistaken identity

If the evidence pins the harassing behavior on someone else, your lawyer can argue the charges were filed against you in error.

False allegations

In cases of “he said, she said”, your attorney may argue the alleged victim is lying or making false accusations against you.

An experienced criminal lawyer will know which defense strategies give you the best chance at beating your harassment charges.

Questions to Ask a Potential NJ Harassment Lawyer

Not all lawyers have the same skills and experience. When researching New Jersey harassment lawyers, here are some good questions to ask:

• How long have you been practicing criminal law in New Jersey?
• What percentage of your cases are criminal defenses?
• How many harassment cases have you handled?
• What are the most common harassment defenses you use?
• What are my options for negotiating reduced penalties or charges?
• If my case goes to trial, what is your approach?
• Will you be the attorney actually representing me in court?
• What are your rates and payment plans?

The lawyer’s experience with harassment cases, negotiation skills, trial record, rates, and rapport with you are all important factors to weigh. Don’t rush into choosing an attorney – take time to find the best one.

Getting Harassment Charges Dismissed

The best outcome for a harassment case is getting the charges dismissed completely. Is this possible?

While challenging, defense attorneys can sometimes get charges thrown out if certain conditions are met. For example, charges may potentially get dismissed if:

• The defendant had no intent to harass or annoy the alleged victim
• The alleged victim was not seriously alarmed, annoyed or harassed
• The defendant’s actions were justified (like self-defense)
• The defendant is protected by free speech laws
• The evidence clearly shows mistaken identity or false accusations

An experienced criminal lawyer will know how to argue for dismissal when the circumstances allow it. Getting charges thrown out early can save you from huge headaches down the road.

Take Harassment Charges Seriously

Even when harassment charges seem minor at first glance, the penalties can be severe. And simply being accused of harassment can harm your reputation.

These cases require experienced legal guidance to protect your rights. So don’t go it alone. Consult with knowledgeable New Jersey harassment lawyers as early as possible after being charged.

With an attorney fighting for you, there are many effective strategies for beating harassment allegations. Don’t leave the outcome to chance – get a lawyer on your side today.