Harassment Charges Attorney Berkeley Heights, NJ

Have you been accused of harassment in Berkeley Heights, New Jersey? Don’t underestimate the seriousness of these charges. A harassment conviction can lead to fines, jail time, a restraining order, and a lasting stain on your record. When facing criminal charges in New Jersey, retaining the right legal representation is crucial. Brett M. Rosen, a certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, which stands out for several reasons. His proven track record includes successful outcomes, including acquittals and dismissals. With round-the-clock availability and a meticulous, assertive approach to defense, Rosen can make a significant difference in the outcome of your case. If you’re dealing with harassment charges in Berkeley Heights, NJ, consider reaching out to him for a consultation. We understand the intricacies of New Jersey’s harassment laws and the specific procedures of the Berkeley Heights Municipal Court. We will work tirelessly to protect your rights and freedom.

Understanding Harassment in Berkely Heights, New Jersey

New Jersey’s harassment statute (N.J.S.A. 2C:33-4) defines harassment broadly. It can include:

• Making a communication anonymously or at extremely inconvenient hours.
• Making a communication in offensively coarse language.
• Making a communication with the purpose to harass another.
• Subjecting another to striking, kicking, shoving, or other offensive touching.
• Engaging in any other course of alarming conduct or repeatedly committed acts with the purpose to alarm or seriously annoy another person.

Potential Consequences of Harassment Convictions

If convicted of harassment in Berkely Heights, New Jersey, you could face:

• Petty Disorderly Persons Offense: Fines up to $500, up to 30 days in jail.
• Fourth-Degree Crime: (in cases involving domestic violence or violating a restraining order) Fines up to $10,000, up to 18 months in prison.
• Restraining Order: The court may issue a restraining order prohibiting you from contacting the alleged victim.
• Criminal Record: A harassment conviction can damage your reputation and limit employment and housing opportunities.

Defenses Against Harassment Charges

With a strong legal strategy, we can challenge the allegations against you. Possible defenses for your harassment charge in Berkely Heights, NJ include:

• Lack of Intent: The prosecution must prove you acted with the purpose to harass. We can argue that your actions were misinterpreted or lacked malicious intent.
  • No Intent to Harass: A key element of harassment is the intent to harass, annoy, or alarm another person. If you can show that you did not intend to cause such distress, it could be a strong defense.
  • Misunderstanding: Sometimes, communication can be misconstrued. You might be able to argue that your words or actions were misinterpreted and that you did not intend to harass the other person.
  • Lack of Purposeful Conduct: The prosecution must prove that you acted purposefully or knowingly to harass the other person. If your actions were unintentional or reckless, it might be a defense.
• Protected Speech: Some forms of communication, like political speech or protests, may be protected by the First Amendment, though this defense may be limited in harassment cases.
  • First Amendment Rights: The First Amendment to the U.S. Constitution protects freedom of speech. However, this right is not absolute. If your alleged harassment involved expressing opinions or engaging in protected speech, your attorney could argue that your actions were not unlawful harassment.
  • Offensive but Not Harassing: While your words or actions might have been offensive or annoying, they must reach a level of seriousness to be considered harassment under the law.
• False Accusations: We can investigate the circumstances and expose any false or exaggerated claims made against you.
• Insufficient Evidence: If the prosecution lacks evidence to prove the elements of harassment, we can move to dismiss the case.
• Witness Credibility: If the prosecution’s case relies heavily on witness testimony, your attorney can challenge the credibility of those witnesses.
  • Conflicting Accounts: If there are conflicting accounts of what happened, it could create reasonable doubt.
• Consent: If the alleged victim consented to the communication or conduct, it may not constitute harassment.
• De Minimis Infraction: The conduct may be so minor that it doesn’t rise to the level of harassment.

Frequently Asked Questions (FAQs)

• What should I do if I’m accused of harassment in Berkeley Heights?
  
  • Do not contact the alleged victim. Consult an attorney immediately to discuss your rights and options.
• Can text messages or social media posts be considered harassment?
  
  • Yes, any form of communication can be considered harassment if it meets the legal definition.
• What is the difference between harassment and cyber-harassment?
  
  • Cyber-harassment specifically involves using electronic communication to harass someone.
• Can I be charged with harassment if I didn’t intend to harass anyone?
  
  • Yes, but proving a lack of intent can be a strong defense.
• How does a restraining order affect my harassment case?
  
  • A restraining order can make the penalties for harassment more severe.

FAQs Continued

What is considered harassment in New Jersey?

• New Jersey law defines harassment broadly. It includes various behaviors intended to harass, annoy, or alarm another person. This can involve offensive communication (in person, writing, phone, electronic), striking, kicking, shoving, or following someone. It also includes making false statements to damage someone’s reputation.

What are the penalties for harassment in New Jersey?

• Penalties vary based on the severity and the offender’s history. It can range from a petty disorderly persons offense (fines, up to 30 days in jail) to a fourth-degree indictable offense (up to 18 months in prison, larger fines).

Can I be charged with harassment for something I posted online?

• Yes, online posts that are intended to harass, annoy, or alarm another person can lead to harassment charges.

Where do harassment cases in Berkeley Heights get handled?

• Harassment cases in Berkeley Heights are typically handled by the Berkeley Heights Municipal Court, but more serious cases might go to the Union County Superior Court in Elizabeth.

What is the role of evidence in harassment cases?

• Evidence like texts, emails, social media posts, voicemails, and witness testimony are crucial. An attorney can challenge the admissibility or credibility of evidence.

Why Choose Brett M. Rosen, Esq. for Your Berkeley Heights Harassment Case?

• Local Expertise: We have in-depth knowledge of Berkeley Heights Municipal Court procedures and New Jersey’s harassment laws.
• Proven Success: Our firm has successfully defended numerous clients against harassment charges, often resulting in dismissed cases or reduced penalties.
• Personalized Attention: We provide one-on-one consultations to tailor our defense to your unique situation.
• Compassionate Advocacy: We understand the emotional toll of facing criminal charges and provide support throughout the legal process.

Don’t Let Harassment Charges Define You – Seek Expert Legal Help

If you’re facing harassment charges in Berkeley Heights, NJ, you need a skilled and experienced attorney on your side. Brett M. Rosen, Esq. is dedicated to protecting your rights and reputation. Contact us today for a free consultation. We’ll listen to your story, answer your questions, and develop a personalized defense strategy to achieve the best possible outcome.

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