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How Does New Jersey Law Address Stalking and Harassment?

Stalking and harassment are common offenses in New Jersey and may even be charged against a defendant at the same time. Don’t underestimate the consequences you could face for stalking and harassment in New Jersey, and get an attorney immediately after an arrest.

In the most severe instances, both stalking and harassment can be charged as third-degree crimes in New Jersey, although lesser charges are also possible. Our attorneys can explain the minimum and maximum possible penalties for the charges you face and help you develop a plan to overcome them or reduce their consequences.

Get a free case review from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.

How Does New Jersey Law Define Stalking?

New Jersey defines stalking as knowingly engaging in a course of conduct towards a specific individual that would cause them and any other reasonable person to fear for their safety.

What Is Considered a Course of Conduct for Stalking Charges?

A “course of conduct” in a stalking case means repeatedly, or on two or more occasions, keeping a close physical or visual proximity to another person by any means, whether directly, indirectly, through a third party, or digitally, among other conduct.

How Does New Jersey Law Define Harassment?

New Jersey defines harassment as making one or more attempts to communicate with another individual in a manner that causes annoyance or alarm, or threatening to subject someone to offensive touching, such as kicking or shoving.

When Is Stalking a Fourth-Degree Crime in New Jersey?

Often, stalking is charged as a fourth-degree crime in New Jersey, especially for a first offense.

When Is Stalking a Third-Degree Crime in New Jersey?

In the following situations, stalking can also be charged as a third-degree crime in New Jersey:

  • Committing the crime of stalking in violation of an existing court order
  • Committing the crime of stalking with a previous conviction
  • Committing the crime of stalking while serving a prison sentence or on parole or probation for any indictable offenses

How Is Harassment Charged in New Jersey?

Harassment charges can vary from case to case, and we can confirm the exact charges you face.

Petty Disorderly Persons Offense

Typically, a first-time harassment charge is charged as a petty disorderly persons offense in New Jersey, making it one of the least serious criminal charges you can face.

Fourth-Degree Crime

Harassment becomes a fourth-degree crime when committed while serving a prison sentence or on parole or probation for any indictable offense in New Jersey or any other state.

How Does New Jersey Law Address Cyber-Harassment?

Cyber-harassment involves making one or more communications online through any electronic device or social media site to inflict harm, knowingly sending any lewd or obscene material, and other conduct.

How Does New Jersey Charge Cyber-Harassment?

Typically, cyber-harassment is charged as a crime of the fourth degree. It can be elevated to a third-degree crime if the person facing charges is 21 or older and they impersonated a minor online for the purposes of harassing a minor.

How Common Are Plea Deals for Stalking and Harassment Charges in New Jersey?

Plea deals are relatively common for stalking and harassment charges, and prosecutors might offer deals to avoid wasting resources and time on a trial. Although plea deals are common, they aren’t appropriate in every situation and should never be signed before our New Jersey criminal defense attorneys review them.

Do Temporary Restraining Orders Always Accompany Stalking and Harassment Charges in New Jersey?

Temporary restraining orders don’t accompany stalking and harassment charges, and alleged victims typically need to seek these orders separately in civil court.

Will You Receive Bail for Stalking and Harassment Charges?

Stalking and harassment are relatively low-level offenses in terms of the actual charges, so you most likely will receive bail if you are arrested and charged in New Jersey. However, your bail will likely come with strict conditions, such as no direct or indirect contact with the alleged victim.

What Are Aggravating Factors in Sentencing for Stalking and Harassment?

Aggravating factors in sentencing for stalking and harassment include a defendant violating a court order, inflicting physical harm, possessing or threatening to use a dangerous weapon, and previous convictions.

What Are Mitigating Factors in Sentencing for Stalking and Harassment?

If it is your first time being arrested and charged for stalking or harassment in New Jersey, that may be a mitigating factor in and of itself, as you have no previous criminal record for the judge to consider.

What Is the Maximum Sentence for Stalking?

The maximum prison sentence for those convicted of stalking in New Jersey is 5 years in state prison and $15,000 in fines.

What Is the Minimum Sentence for Stalking?

For a fourth-degree stalking conviction, there is no mandatory prison sentence, and defendants might be able to avoid jail time entirely with probation or house arrest.

For a third-degree stalking conviction, the minimum prison sentence is 3 years.

What Is the Maximum Sentence for Harassment?

For petty disorderly persons offenses, the maximum punishment is 30 days in jail. For fourth-degree convictions for harassment, defendants could face up to 18 months in state prison. The maximum sentence for a third-degree cyber-harassment conviction in New Jersey is 5 years.

What Is the Minimum Sentence for Cyber-Harassment?

When cyber-harassment is charged as a third-degree crime in New Jersey, the mandatory minimum sentence upon conviction is 3 years.

Do You Need a Lawyer for Stalking and Harassment Charges in New Jersey?

You absolutely need a lawyer if you are arrested for either stalking or harassment or both offenses. Don’t try to provide law enforcement with the context they lack on your own; leave that to our experienced attorneys.

Get Our Help with Your Criminal Case in New Jersey

Get a free case review from our Ocean City, NJ criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.

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