NJ Stalking Offenses Lawyers

NJ Stalking Offenses Lawyers

Being charged with stalking in New Jersey can be a scary and overwhelming experience. However, with the right legal representation, you may be able to get the charges reduced or even dismissed. This article provides an overview of stalking laws in NJ, potential penalties, and legal defenses that a knowledgeable criminal defense attorney could use to fight the charges.

What is Stalking Under New Jersey Law?

In New Jersey, the main stalking law is set out in N.J. Stat. § 2C:12-10. This law makes it a crime to purposefully or knowingly engage in a course of conduct directed at a specific person that would cause emotional distress, fear of bodily injury, or death to that person. The law defines “course of conduct” as repeatedly maintaining a visual or physical proximity to the victim, directly/indirectly contacting them, threatening them, or committing harassment against them.

To be convicted of stalking in NJ, the prosecution must prove these elements beyond a reasonable doubt:

• You purposely or knowingly engaged in conduct directed at a specific person
• Your conduct involved following, monitoring, threatening, or communicating with that person
• You knew or should have known that your conduct would cause fear of bodily injury or death to that person
• Your actions did in fact cause the victim to fear bodily injury or death
• Your conduct was not related to constitutionally protected activity, such as organized group picketing

The statute also makes it a crime to stalk someone online or through electronic communications. This includes repeatedly emailing, instant messaging, posting messages, or otherwise contacting someone through electronic means if you know it will cause fear or distress.

Penalties for Stalking in New Jersey

Stalking is generally prosecuted as a crime of the fourth degree in NJ. But it can be charged as a third or second degree offense in certain aggravated circumstances. Here is an overview of the potential criminal penalties:

• 4th degree – Up to 18 months in jail, fines up to $10,000
• 3rd degree – 3-5 years in prison, fines up to $15,000
• 2nd degree – 5-10 years in prison, fines up to $150,000

If you are convicted of stalking, the court will also likely issue a permanent restraining order against you. This will prohibit you from contacting or going near the victim in the future. Violating the restraining order leads to additional charges.

Aggravated Stalking Charges

There are certain circumstances that can elevate a stalking charge to a more serious degree offense in New Jersey:

• Committing stalking in violation of an existing court order (3rd degree)
• Committing stalking while also in possession of a weapon (3rd degree)
• Committing stalking against a victim under 16 (3rd degree)
• Committing stalking while also committing another indictable offense (3rd degree)
• Repeat offenses – A second or subsequent stalking offense against the same victim becomes a 3rd degree crime. A third or subsequent offense becomes a 2nd degree crime.

Defenses to Stalking Charges

When defending against stalking allegations, some possible strategies may include:

• Lack of intent – Argue you did not purposely or knowingly engage in conduct that would cause fear or distress.
• No course of conduct – Argue there was no repeated behavior or pattern, just isolated incidents.
• No fear caused – Argue your actions did not actually cause the alleged victim to fear injury or death.
• False allegations – In cases of alleged domestic violence, the accuser may be making up or exaggerating claims out of anger, jealousy, or manipulation.
• Mistaken identity – Argue you are being wrongly accused and someone else is the actual stalker.

An experienced criminal defense lawyer can evaluate the prosecution’s evidence and determine the strongest defense strategy for your specific case.

Finding the Right NJ Stalking Defense Attorney

If you are under investigation or have been arrested for stalking charges, it is critical to retain legal counsel immediately. A skilled lawyer can intervene early in the process and may be able to get charges reduced or avoided entirely through pre-indictment negotiations or arguments in court. Here are some tips on finding the right stalking defense attorney in New Jersey:

• Look for an attorney who specializes in NJ criminal defense, especially domestic violence and stalking cases.
• Find someone experienced taking cases like yours to trial, not just convincing clients to take plea deals.
• Ask about the lawyer’s track record getting stalking charges dismissed pre-indictment or negotiating favorable plea bargains.
• Meet with the attorney in person to discuss your case details and evaluate whether you feel comfortable with them.
• Be wary of lawyers making unrealistic guarantees before reviewing evidence.
• Compare costs, but weigh more heavily the lawyer’s experience and proven results.

The consequences of a stalking conviction can follow you for years, potentially impacting your relationships, employment, housing, and finances. So the investment in an experienced attorney is well worth it. With the right legal advocate fighting for you, there are often good options for beating these charges or minimizing the penalties. Don’t wait to get help from a knowledgeable NJ stalking defense lawyer.

References

[1] Stalking In NJ – What are the penalties and defense for stalking 2C:12-10? – Tormey Law Firm
[2] NJ Stalking Charges: Fight Back & Avoid Prison – Attorney Alan Peyrouton
[3] New Jersey Stalking Laws – FindLaw
[4] 2C:12-10. Stalking – Statutes: New Jersey – WomensLaw.org
[5] Harassment / Threats / Stalking
[6] Stalking | New Jersey Criminal Civil Lawyer