Harassment Attorney Rahway, NJ

Harassment Attorney Rahway, NJ

Facing Accusations of Harassment? We’ll Protect Your Rights and Reputation

Have you been accused of harassment in Rahway, New Jersey? Whether it’s a misunderstanding, an overblown conflict, or a false accusation, a harassment charge is a serious matter that can have lasting consequences. Don’t face this challenge alone.

Brett M. Rosen, Esq., is a leading criminal defense attorney in New Jersey with a proven track record of success in defending clients against harassment charges in Rahway and throughout Union County. He’s been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years. Only 2.5% of attorneys in New Jersey are selected to this list every year. He’s also certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. Our team of skilled attorneys understands the complexities of New Jersey’s harassment laws and the potential impact these charges can have on your life. We are committed to providing aggressive representation, compassionate support, and personalized legal strategies to protect your rights and achieve the best possible outcome.

Understanding Harassment Charges in Rahway, NJ

Harassment is a broad offense in New Jersey, encompassing a variety of behaviors deemed disruptive, offensive, or hazardous to public order. Under N.J.S.A. 2C:33-4, a person is guilty of harassment if, with purpose to harass another:

• They make, or cause to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm. This could include repeated phone calls, texts, emails, or social media messages that are threatening, obscene, or otherwise intended to cause distress.   
  
   
• They subject another to striking, kicking, shoving, or other offensive touching, or threaten to do so. This involves physical contact or the threat of physical harm with the intent to harass.
• They engage in any other course of alarming conduct or of repeatedly committed acts with the purpose to alarm or seriously annoy such other person. This is a broad category that can include a variety of behaviors, such as stalking, following, or other behaviors that cause fear or distress.   
  
   

Types of Harassment Charges in New Jersey

New Jersey law recognizes two main categories of harassment charges:

• Petty Disorderly Persons Offense: This is the less serious type of harassment charge, typically involving actions or communications that are annoying or alarming but do not involve physical contact or threats of violence.
• Fourth-Degree Crime: This is a more serious charge that involves the defendant being on probation or parole when the harassment occurred.

Penalties for Harassment in Rahway, NJ

The penalties for harassment can be severe and vary depending on the degree of the offense, your prior criminal record, and the specific circumstances of your case. Potential consequences include:

• Fines: Ranging from hundreds to thousands of dollars, depending on the severity of the offense.
• Jail Time: Petty disorderly persons offenses can result in up to 30 days in jail, while fourth-degree crimes carry a potential sentence of up to 18 months in prison.
• Probation: The court may impose probation, which can include conditions such as community service, anger management classes, or restraining orders.
• Restraining Orders: Victims of harassment may seek restraining orders to protect themselves from further contact or harassment.
• Criminal Record: A harassment conviction will create a permanent criminal record, which can impact your employment, housing, and other opportunities.

How Brett M. Rosen, Esq. Can Defend You Against Harassment Charges

At Brett M. Rosen, Esq., we understand the devastating impact a harassment charge can have on your life. Our team of skilled attorneys is dedicated to protecting your rights and fighting for your future. We will:

• Thoroughly Investigate the Allegations: We will meticulously review all evidence, including witness statements, communications records (texts, emails, phone calls), social media posts, and any other relevant information. We will leave no stone unturned in gathering evidence to support your defense.

• Challenge the Prosecution’s Case: We will scrutinize the evidence, question witnesses, and expose any inconsistencies or biases to cast doubt on the accusations against you. We will also challenge the admissibility of any evidence that was obtained illegally or in violation of your rights.

• Explore All Potential Defenses: We will tailor a defense strategy to your specific circumstances, exploring all available legal options.

• Negotiate with Prosecutors: We have a proven track record of negotiating with prosecutors to seek reduced charges, alternative resolutions (such as anger management counseling or mediation), or even dismissal of the case.

• Provide Skilled Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in Rahway Municipal Court to defend your rights and protect your reputation.

Defenses Against Harassment Charges in Rahway

Every harassment case is unique, and the most effective defense will depend on the specific facts and circumstances of your situation. However, some common defenses we may employ include:

• Lack of Intent: We can argue that you did not intend to harass the alleged victim, and your actions were misinterpreted or taken out of context.
• Free Speech: If your alleged harassment involved expressing opinions or engaging in protected speech, we can argue that your actions are protected by the First Amendment.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of harassment beyond a reasonable doubt, we can argue for dismissal of the charges.
• False Accusation: We can investigate the circumstances and motives behind the accusations, raising questions about the accuser’s credibility or potential ulterior motives.
• Defense of Others: If you were defending yourself or someone else, your actions may be justified.
• De Minimis Infraction: If the alleged conduct is so minor or trivial that it does not warrant criminal charges, we can argue for dismissal based on the de minimis infraction defense.
• Consent: In some situations, if the alleged victim consented to the communication or conduct, it may not be considered harassment.
• No Communication: In order to be harassment, the conduct must involve communication. If your actions did not involve communication, it may not be considered harassment.

Frequently Asked Questions About Harassment Charges in Rahway, NJ

1. What should I do if I am accused of harassment in Rahway, NJ?

   If you’re accused of harassment, remain calm, avoid any contact with the alleged victim, and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not discuss the case with anyone without legal counsel present.

2. Can I get a harassment charge expunged from my record in New Jersey?

   In some cases, it may be possible to expunge a harassment conviction from your record after a waiting period. The eligibility for expungement depends on the specific charge and your criminal history. An attorney can help you determine if you are eligible.

3. Will a harassment conviction affect my employment?

   A harassment conviction can negatively impact your employment prospects, especially in professions that require trust, interpersonal skills, or security clearances. Even if you don’t lose your current job, it could affect future career opportunities.

4. Can I be charged with harassment if the alleged victim doesn’t want to press charges?

   Yes. In New Jersey, the decision to pursue harassment charges rests with the prosecutor, not the victim. Even if the alleged victim decides not to press charges, the prosecutor may still proceed with the case if they believe there is enough evidence to support the charges.

5. What is the difference between harassment and stalking?

   While harassment and stalking can involve similar behaviors, stalking involves a pattern of conduct that causes a reasonable person to fear for their safety or the safety of others. Stalking is a more serious offense than harassment and carries harsher penalties.

6. What if the alleged victim is my ex-partner or spouse?

   Harassment cases involving domestic violence often require specialized knowledge and experience. Our firm has a deep understanding of domestic violence laws and can provide the sensitive and effective representation you need.

7. Can I be charged with harassment for something I said online?

   Yes, harassment charges can stem from online behavior, including cyberbullying, sending threatening messages, or posting harmful content about someone. New Jersey’s harassment laws extend to online communications.

8. How long will my harassment case take to resolve?

   The timeline for resolving a harassment case can vary depending on the complexity of the case, the court’s schedule, and whether the case goes to trial. An experienced attorney can help expedite the process and work towards a swift resolution.

9. Can I get a restraining order against someone who is harassing me?

   Yes, if you are being harassed, you can seek a restraining order to protect yourself from further contact or harassment. An attorney can assist you with the process of obtaining a restraining order.

10. What is cyber harassment? Cyber harassment is a form of harassment that occurs online, through social media, email, or other digital platforms. It can include cyberbullying, cyberstalking, and sending threatening or harassing messages.

11. What is the difference between a temporary restraining order (TRO) and a final restraining order (FRO)? A TRO is a temporary order that can be issued quickly to protect the victim while the case is pending. An FRO is a permanent order that is issued after a hearing, where both parties have a chance to present their case.

12. What are some examples of behaviors that could be considered harassment? Harassment can encompass a wide range of behaviors, including:

    • Physical Acts: Unwanted touching, shoving, or any other physical contact intended to annoy or alarm.
    • Verbal Abuse: Insults, threats, name-calling, or any other words intended to cause emotional distress.
    • Stalking: Repeatedly following, watching, or harassing someone, causing them to fear for their safety.
    • Cyberbullying or Online Harassment: Sending harassing or threatening messages, posting harmful content online, or impersonating someone else online with the intent to cause distress.
    • Sending Unwanted Gifts: Repeatedly sending gifts or other unwanted items to someone who has asked you to stop.
    • Making Repeated Unwanted Phone Calls or Texts: Even if the content of the messages is not overtly threatening, the sheer volume and persistence can be considered harassment.

13. What if the alleged victim is a minor? Harassment against a minor is taken very seriously in New Jersey, and the penalties can be enhanced. If your case involves a minor, it’s crucial to seek legal counsel from an attorney experienced in juvenile law.

14. What are the consequences of violating a restraining order? Violating a restraining order is a separate criminal offense in New Jersey and can result in additional charges, fines, and potential jail time. It can also lead to the extension or modification of the existing restraining order, further restricting your freedom.

15. Can I be charged with harassment for a single incident? Yes, even a single incident can constitute harassment if it meets the legal definition under New Jersey law. The intent to harass is a crucial factor, but the frequency of the conduct is not always determinative.

16. What if I believe the harassment charges against me are false? If you are falsely accused of harassment, it’s crucial to contact an attorney immediately. We can investigate the allegations, challenge the accuser’s credibility, and build a strong defense to clear your name.

17. How can an attorney help me fight a harassment charge? An experienced attorney can help you understand the charges against you, investigate the evidence, explore potential defenses, negotiate with prosecutors, and provide skilled representation in court. Their expertise and experience can significantly increase your chances of a favorable outcome.

18. What are the potential consequences of a harassment conviction on my record? A harassment conviction will result in a criminal record, which can impact your employment, housing, and other opportunities. It can also affect your personal relationships and reputation.

19. What are the specific laws regarding harassment in Rahway, NJ? Rahway, like all of New Jersey, follows the state’s harassment statute, N.J.S.A. 2C:33-4. However, local ordinances and enforcement practices may have nuances. An attorney familiar with Rahway Municipal Court can help you understand the specifics of how these laws are applied in your case.

20. Can I face immigration consequences for a harassment conviction in Rahway, NJ? Yes, even a misdemeanor harassment conviction can have serious immigration consequences for non-U.S. citizens, including deportation or denial of naturalization. If you’re facing such a charge, it’s crucial to consult with an attorney who understands both criminal and immigration law.

Don’t Face Harassment Charges Alone. Contact Brett M. Rosen, Esq. Today.

If you are facing harassment charges in Rahway, New Jersey, don’t let fear or uncertainty hold you back from seeking the legal representation you need. Brett M. Rosen, Esq. is here to provide you with compassionate support, experienced guidance, and aggressive advocacy throughout the entire legal process. We understand the complexities of these cases and the impact they can have on your life. We are dedicated to fighting for your rights, protecting your reputation, and securing the best possible outcome for your case.

Call us today at 908-312-0368 or email us to brett@nynjcriminalcivilesq.com to schedule a free and confidential consultation.