Harassment Charges in New Jersey – What You Need to Know

Harassment. It’s a word that can mean different things to different people. To your overly sensitive neighbor, harassment might mean that your dog barks too much. To your ex, harassment could mean texting them too often asking to get back together.

But in the legal world, harassment has a very specific meaning – and it’s not something to take lightly. Harassment charges in New Jersey are governed by Section 2C:33-4 of the New Jersey Code of Criminal Justice. And if you’re found guilty, you could end up with a criminal record, fines, and even jail time.

So what exactly constitutes harassment under New Jersey law? And what should you do if you’ve been accused of harassment? Let’s break it down.

The Legal Definition of Harassment in New Jersey

Under Section 2C:33-4, a person commits harassment if they purposefully:

• Make anonymous or extremely inconvenient/late night phone calls, send anonymous communications, or communicate in offensively coarse language or in any other manner likely to cause annoyance or alarm.
• Subject another person to offensive touching or threaten to do so (like shoving, kicking, etc.)
• Engage in any other course of alarming conduct or repeatedly commit acts with purpose to alarm or seriously annoy someone.

So basically, harassment involves intentionally pestering or bothering someone in a way that would cause a reasonable person fear or emotional distress. Think: repeated unwanted calls/texts, threats of violence, or showing up uninvited all the time.

The key is that your behavior must be purposeful and with the intent to harass. You can’t accidentally harass someone under this law.

Penalties for Harassment in New Jersey

A typical harassment charge under 2C:33-4 is a petty disorderly persons offense. This is a minor criminal charge, but still carries penalties of:

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

However, the charge can be bumped up to a 4th degree felony if certain conditions are met – like if you were on probation or parole when you committed the harassment. And 4th degree felonies can mean:

• Up to 18 months in prison
• Up to $10,000 in fines

So while harassment may not sound like the most serious crime, the penalties can still be life-altering if you end up with a criminal record.

Defenses Against Harassment Charges

If you’ve been accused of harassment in New Jersey, don’t panic. There are defenses an experienced criminal defense lawyer can use to potentially get your charges lowered or dismissed. Some common defenses include:

• You didn’t have the requisite intent to harass. Remember, the law requires you to have purposefully harassed the alleged victim. If it was all just a misunderstanding or mistake, that could be a defense.
• Your conduct wasn’t actually harassing. Calling someone twice in one day may be annoying, but doesn’t necessarily rise to the level of criminal harassment. Your lawyer can argue the behavior wasn’t harassing under the law.
• False allegations. Perhaps the alleged victim fabricated the whole thing and you didn’t actually do what they accused you of. Your attorney can investigate their claims and credibility.
• Mental health issues. If you suffer from mental illness like bipolar disorder that caused you to act erratically, that may be used as a mitigating factor to reduce charges.
• Lack of evidence. If there’s no solid proof like texts, voicemails, or witnesses to back up the accusations, the charges could potentially get tossed out.

As you can see, an experienced criminal defense attorney can analyze the details of your specific case to craft the best defense strategy for your situation. Don’t leave it to chance.

What to Do if You’re Facing Harassment Charges

If you’ve been charged with harassment in New Jersey, here are some key tips:

• Don’t talk to the cops. You’re not required to make a statement. Anything you say can be used against you.
• Hire a lawyer ASAP. An experienced criminal defense attorney can start working on your case right away to protect your rights.
• Don’t contact the alleged victim. Any further communication could make things worse. Let your attorney handle things.
• Start gathering evidence. Collect any texts, emails, voicemails, photos, or videos related to the incident to show your lawyer.
• Get character statements. Written letters from people vouching for your character can help demonstrate you’re not a harasser.
• Consider counseling. If mental illness or anger issues contributed to the situation, seek help and compliance with a treatment program can sometimes lead to reduced charges.
• Don’t violate bail terms. Make sure you understand and follow any bail conditions, like staying away from the alleged victim.
• Enroll in diversion programs. These programs can lead to charges being dismissed after completion. Your lawyer can advise if it’s an option.
• Accept plea bargains cautiously. Your lawyer may be able to plea bargain the charges down to lower penalties, but be sure you understand all the implications.
• Prepare your defense. Work closely with your lawyer to build the strongest case possible showing your innocence.

Dealing with harassment charges is scary. But with an experienced criminal defense lawyer guiding you, it’s possible to achieve the best outcome in your case. Don’t go it alone. Schedule a consultation as soon as possible.

The Bottom Line on Harassment in New Jersey

Harassment is a serious charge that should never be taken lightly. If convicted under Section 2C:33-4, you could end up with a life-altering criminal record.

Hopefully this article helped you understand what constitutes harassment under New Jersey law. But if you’ve been accused of harassment, do not pass go, do not try to defend yourself – go directly to an experienced criminal defense lawyer. An attorney can protect your rights, build a strong defense on your behalf, and give you the best chance of avoiding harsh penalties.

Harassment cases often boil down to one person’s word against another. With smart legal representation, you can show the holes in the alleged victim’s story and potentially get charges reduced or dismissed. Don’t leave your fate in someone else’s hands. Consult with a lawyer immediately so you can put together a game plan and get ahead of these very serious accusations.