What are the penalties for harassment in New Jersey?

Harassment is a big problem in New Jersey. Lots of folks get charged with harassment every year. But what exactly is harassment? And what happens if you get convicted? Let’s break it down.

In New Jersey, harassment is against the law. The main harassment law is in the New Jersey criminal code at N.J.S.A. 2C:33-4. This law says it’s illegal to make communications or act in ways meant to seriously annoy or alarm someone else. So harassment is when you try to really bother someone on purpose.

Some examples of harassment in New Jersey include:

• Making annoying phone calls late at night or using offensive language
• Threatening to hurt someone or damage their property
• Following someone around and spying on them
• Making sexual comments about someone at work
• Posting embarrassing photos of someone online

As you can see, harassment covers a lot of different behavior. The key is that you have to intend to harass the other person. If you accidentally annoy someone, that’s not enough to get convicted.

What are the penalties if you get convicted?

In most cases, harassment is a petty disorderly persons offense in New Jersey. This is a minor criminal charge, but it can still have consequences. If convicted, you can face:

• Up to 30 days in jail
• Fines up to $500
• Community service
• Anger management classes
• Restraining order

The penalties depend on things like:

• Your criminal history
• The facts of your specific case
• If you have a good defense lawyer to negotiate (see this article)

For example, a first-time offender may get a lighter punishment like anger management classes. But someone with prior convictions may get jail time. A skilled lawyer can often get charges reduced or even dismissed.

What if it’s sexual harassment or cyber harassment?

If the harassment involves unwanted sexual comments or touching, that’s sexual harassment. This may be charged under other laws like criminal sexual contact.

Sexual harassment penalties can include years in prison and Megan’s Law sex offender registration. It’s critically important to have an experienced criminal defense attorney if facing sexual harassment allegations.

Meanwhile, cyber harassment involves harassing someone online or by text/email. Under N.J.S.A. 2C:33-4.1, cyber harassment can be a more serious crime than regular harassment.

For example, if an adult impersonates a minor online to harass a minor, that’s a 3rd degree felony. Penalties can include 3-5 years in prison. Definitely speak with a lawyer if charged with cyber harassment.

What are some defenses to harassment charges?

There are a few legal defenses that a skilled lawyer may use to fight harassment accusations, including:

• Free speech – You had a 1st Amendment right to make the statements
• No intent – It was accidental or a misunderstanding
• Self-defense – You were protecting yourself from harm
• False allegations – The alleged victim is lying or mistaken

A good lawyer will carefully examine the facts of your case to determine if any defenses apply. For example, trash talking with friends may be free speech, not harassment. Or perhaps the alleged victim has the wrong person and made a false accusation.

Can you get a restraining order for harassment?

Yes, the victim can ask the court for a restraining order whether criminal charges are filed or not. This is a civil protection order meant to prevent contact between you and the victim.

Violating a restraining order can lead to criminal contempt charges. It’s important not to contact the victim if an order is issued. An attorney can help respond to the restraining order properly.

Will harassment go on my criminal record?

Yes, a harassment conviction will end up on your New Jersey criminal record. However, you may be able to get the record expunged after 5 years.

An expungement can remove the offense from your criminal background checks. But it’s still best to avoid a conviction if possible. A lawyer may be able to get charges dismissed so it never ends up on your record.

Takeaways

• Harassment involves intentionally annoying or alarming someone.
• Penalties can include jail time, fines, and other consequences.
• Aggressive legal defense is important, including trying for an acquittal or charge dismissal.
• Expungements may help clean up a criminal record later on.

Dealing with a harassment charge? Don’t go it alone. Hire an experienced criminal defense lawyer. They can carefully examine the evidence and build the strongest case for beating your harassment allegation. Every case is different, but in many cases solid legal representation can help avoid a conviction. Don’t leave your future up to chance. Protect yourself under the law.