Cyberstalking Defense Lawyer

Cyberstalking Defense Lawyer – Protecting Your Rights in New Jersey

Have you or someone you love been accused of cyberstalking in New Jersey? These charges shouldn’t be taken lightly – cyberstalking is considered a serious criminal offense that can land you in jail or saddle you with a heavy fine. But with the rise of social media and internet use, some cyberstalking laws can be vague or wrongly applied.

That’s why working with an experienced cyberstalking defense attorney is crucial for anyone facing such allegations. A knowledgeable lawyer can review the details of your case, build a strong defense strategy, and protect your rights every step of the way.

In this article, we’ll provide an overview of New Jersey’s cyberstalking laws, typical penalties, and how an expert criminal defense lawyer can help if you’re under investigation or facing charges.

What is Cyberstalking in New Jersey?

New Jersey law defines cyberstalking under the cyber harassment statute (N.J. Stat. § 2C:33-4.1). This crime involves using electronic communications like the internet, social media, emails, or texts to:

• Threaten physical harm against a person or their property
• Send obscene or indecent material about a person to cause emotional distress
• Threaten to commit a crime against someone

So activities like posting embarrassing photos to harass someone, sending threatening messages, creating fake profiles, or other malicious online acts could potentially lead to cyberstalking charges.

Penalties for Cyberstalking in New Jersey

If convicted of cyber harassment in New Jersey, penalties can include:

• Up to 18 months in jail
• Fines up to $10,000
• Mandatory counseling or training
• Community service
• Probation

Penalties are even more severe if the charges involve domestic violence or violating a restraining order. For example, a temporary restraining order (TRO) will likely be issued if the victim claims cyberstalking was domestic abuse.

Anyone over 21 who impersonates a minor online to harass or threaten a minor faces 3rd degree charges. This can mean up to 5 years in prison and $15,000 in fines.

How a Cyberstalking Defense Lawyer Can Help

Facing cyberstalking accusations can be scary. But a knowledgeable criminal defense attorney will thoroughly examine the prosecution’s case and evidence to build the strongest defense.

An attorney can also advise you on your rights if questioned by police. You have the right to remain silent until speaking to a lawyer first. Any statements you make can be used against you, so it’s crucial to avoid answering questions or providing information before consulting with counsel.

A defense lawyer may be able to get charges dropped or prevented altogether if they can show flaws in the prosecution’s legal theory or evidence collection. Or if the case does go to trial, they will aggressively fight to obtain a not guilty verdict before a judge and jury.

Even if some charges seem valid, a lawyer can negotiate with prosecutors for reduced penalties, alternate resolutions like counseling or community service, or avoid the harshest outcomes like long jail terms through plea bargains.

Common Cyberstalking Defenses

There are several legal defenses that an experienced attorney may use to fight cyberstalking charges, such as:

• Misidentification – arguing that someone else sent the messages and you were wrongly accused. This is common when messages come from accounts not directly tied to the defendant.
• Free speech – the communication may be offensive but is still protected speech under the First Amendment. Certain criteria must be met to lose free speech protection.
• No criminal intent – prosecutors must prove you intended to harass, intimidate, or cause emotional distress. If messages were meant jokingly or taken out of context, this negates criminal intent.
• Unconstitutional vagueness – some cyberstalking laws are overly broad or vague, violating due process rights. A lawyer can argue the statute is unconstitutional.
• False allegations – such as a contentious divorce case where one spouse falsely accuses the other of cyberstalking. Your attorney can expose credibility issues, motives to lie, or lack of evidence.
• Entrapment – law enforcement illegally induced you to commit a crime you otherwise wouldn’t have. This makes evidence inadmissible.

Protect Your Rights with a Cyberstalking Defense Lawyer

Dealing with cyberstalking charges is frightening. But working with an experienced New Jersey defense lawyer can help ensure your rights are protected.

A knowledgeable attorney will thoroughly examine the case against you, advise you on your rights, develop an aggressive legal defense strategy, and negotiate for the best possible outcome. This provides the greatest chance of avoiding harsh penalties so you can move forward with your life.

Don’t wait to seek legal help if accused of cyberstalking or cyber harassment. The sooner you contact a defense lawyer, the sooner they can start building your defense. Reach out today for a free case review and legal consultation. With an expert attorney on your side, you don’t have to face these charges alone.