Elizabeth, NJ Harassment Charge Attorney

Harassment charge, a seemingly simple couple of words, can encompass a broad range of behaviors in New Jersey, impacting lives and carrying potential legal consequences. Understanding the intricacies of NJSA 2c:33-4, harassment charge, is crucial for anyone navigating an accusation or concerned about protecting themselves from unwanted conduct. Harassment is also usually charged with disorderly conduct, simple assault or cyber harassment.  If you or a loved one is facing a harassment charge here in New Jersey, it is imperative that you speak with an attorney to discuss your case right away. If you are seeking legal representation for a harassment charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding harassment charge in New Jersey, as well as some common defenses that may be available to you.

Defining Harassment Charge in New Jersey

New Jersey law defines harassment, NJSA 2C:33-4, as “making, or causing 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 includes, but is not limited to:

• Repeated unwanted communications: Emails, texts, phone calls, social media messages aimed at bothering or alarming someone.
• Physical harassment: Offensive touching, shoving, or threatening gestures.
• Cyberbullying: Using online platforms to bully, intimidate, or humiliate someone.
• Stalking: Following someone, watching their home or workplace, or making them feel unsafe.

Specifically, the New Jersey law of Harassment is broken up into three subsections. A defendant can face one or more of each subsection as a charge. These subsections are defined as:

• with purpose to harass another, he/she:
  1. Makes, or causes 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;
  2. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
  3. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

Key Elements of Harassment:

It is the prosecutor’s burden to prove every element beyond a reasonable doubt to be convicted of harassment. According to the New Jersey Model Jury Charge, the two key elements must be present for a successful harassment prosecution under 2C:33-4a:

• That the defendant made one or more communications anonymously, or at extremely inconvenient hours, or in offensively coarse language, or in any other manner likely to cause annoyance or alarm; and
• That the defendant’s purpose was to harass (name of victim), in other words, to annoy or alarm (name of victim).

The two key elements that must be present for a successful harassment prosecution under 2C:33-4b, are:

• That the defendant threatened to (or did) strike, kick, shove, or otherwise offensively touch (name of victim); and
• That the defendant’s purpose was to harass (name of victim), in other words, to annoy or alarm (name of victim).

The two key elements that must be present for a successful harassment prosecution under 2C:33-4c, are:

• That the defendant engaged in a course of alarming conduct or of repeatedly committed acts; and
• That the defendant’s purpose was to harass (name of victim), that is, to alarm or seriously annoy (name of victim).

If you or a loved one is facing a harassment charge here in New Jersey, contact our office to discuss the case today.

Penalties for New Jersey Harassment Charge

A conviction for harassment, 2C:33-4, carries potential consequences. Although Harassment is a petty disorderly persons offense, the consequences can potentially lead to jail time. The consequences for a harassment charge include the following penalties:

• Up to 30 days in county jail
• A fine of up to $500
• Probation
• Community service
• Anger management classes
• No-contact order: A court order barring the defendant from contacting the victim
• Criminal record.

This is why it is important to contact a lawyer if you are facing a harassment charge in New Jersey. Contact our office today for a consultation.

Defenses to Harassment Charge in New Jersey

If accused of harassment in New Jersey, several defenses may be available, depending on the specific circumstances:

• First Amendment rights: Depending on the facts of the case, free speech protections may apply, especially for non-threatening or offensive but protected forms of expression. You can show that your expression was related to a matter of public interest, such as politics, religion, or social issues.
• Mistaken identity: Proving the defendant mistook the victim for someone else or simply misinterpreted the situation.
• Consent: Demonstrating the victim consented to the alleged harassing behavior. You can show proof of prior or ongoing relationship, such as texts, emails, or social media messages that consented to this behavior.
• Entrapment: Proving the police pressured or induced the defendant into the harassing conduct.
• False accusations: You can argue that the person who accused you of harassment is lying or mistaken, and that you did not intend to harass them. You can present evidence or witnesses to support your claim.
• Lack of evidence: You can challenge the sufficiency or credibility of the evidence against you, and raise reasonable doubt about your guilt. You can point out any inconsistencies, contradictions, or gaps in the prosecution’s case.

Conditional Dismissal

A conditional dismissal is a diversion program that allows eligible first-time offenders of certain minor offenses to avoid a criminal conviction and record by completing a probationary period and other conditions. A conditional dismissal may be available to a New Jersey harassment charge, depending on the circumstances of the case and the discretion of the judge and the prosecutor. However, not all harassment charges are eligible for a conditional dismissal. Some of the factors that may disqualify a defendant from a conditional dismissal are:

• The harassment charge is related to domestic violence or a restraining order violation
• The defendant has a prior conviction for an indictable offense, a disorderly persons offense, or a petty disorderly persons offense
• The defendant has previously participated in a diversion program, such as pretrial intervention, conditional discharge, or conditional dismissal
• The offense is excluded from the conditional dismissal program by law, such as driving under the influence, animal cruelty, or official misconduct

If a defendant is eligible and admitted to the conditional dismissal program, they will have to pay a $75 application fee, any restitution, fines, or assessments, and comply with the terms and conditions of the probation, which may include community service, counseling, or education programs. The probation period may last up to one year, and if the defendant successfully completes it, the harassment charge will be dismissed and the arrest record can be expunged after six months. However, if the defendant fails to comply with the probation or commits another offense, the conditional dismissal will be terminated and the defendant will face the original harassment charge and penalties.

A conditional dismissal is a possible option for a New Jersey harassment charge, but it is not a guaranteed or automatic outcome. It requires the approval of the judge and the prosecutor, who may consider the nature and severity of the offense, the impact on the victim and the public, and the character and background of the defendant. Therefore, it is advisable to consult with an experienced criminal defense lawyer who can review your case and advise you on the best course of action. Contact our office today for a consultation regarding your harassment charge.

Frequently Asked Questions (FAQs) 

1. What actions are considered harassment under New Jersey law? Individuals often seek to understand what behaviors may lead to a harassment charge. Under NJ Statutes §2C:33-4, harassment can occur through communications made at inconvenient hours, offensive language, or any manner likely to cause annoyance or alarm, as well as physical contact or threats.

2. What are the penalties for a harassment conviction in New Jersey? There’s a common concern about the consequences of being convicted of harassment. It is usually prosecuted as a petty disorderly persons offense, which can result in up to 30 days in jail, a fine of up to $500, and possibly community service.

3. Can harassment charges be dismissed in New Jersey? People inquire whether it’s possible to have harassment charges dropped. Dismissing harassment charges can be complex and often depends on the circumstances of the case, such as the nature of the alleged behavior and the evidence presented.

4. How does harassment differ from other similar charges? Questions often arise about how harassment is distinguished from other offenses like stalking or terroristic threats. Harassment generally involves less severe actions that are nonetheless persistent enough to alarm or seriously annoy someone.

5. What should someone do if they are facing harassment charges? Those accused often ask for the best course of action. It’s advised to consult with a criminal defense attorney who can review the case details and provide legal advice tailored to the individual situation.

Superior Harassment Charge Lawyer in New Jersey

Brett M Rosen is a reputable and experienced criminal defense attorney who specializes in harassment cases in New Jersey. He has been recognized as one of the top criminal defense attorneys of 2023 by LA Weekly and has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive. He has also handled some high-profile cases involving celebrities and reality stars.

Some of the reasons why you should hire Brett M Rosen to defend your harassment charge are:

• He has a proven track record of success in obtaining favorable outcomes for his clients, such as dismissals, acquittals, reduced charges, or conditional dismissals.
• He has extensive trial experience and is not afraid to challenge the prosecution’s evidence and witnesses. He is skilled in cross-examination, legal analysis, and persuasive argumentation.
• He is passionate, dedicated, and assertive in representing his clients’ rights and interests. He works tirelessly to prepare a strong defense strategy and to communicate effectively with his clients throughout the process.
• He is knowledgeable and up-to-date on the latest developments in the law and technology. He uses AI-powered tools to enhance his legal research and case analysis.
• He is empathetic and supportive of his clients’ mental health and well-being. He understands the stress and emotional toll that a harassment charge can have on a person’s life and strives to provide guidance, comfort, and hope.

If you are facing a harassment charge in New Jersey, you need a competent and trustworthy attorney who can fight for you and protect your future. Brett M Rosen is such an attorney.

Contact our office for a consultation on your harassment case.