Elizabeth, NJ Stalking Charges Attorney

Stalking is a serious crime in New Jersey, and the state has strong laws in place to protect victims and hold perpetrators accountable. If you’re being stalked or concerned about someone’s behavior, understanding the legalities is crucial. Stalking can also be charged with murder charges, aggravated assault, possession of a weapon for a unlawful purpose, sexual assault, harassment, and trespassing charges depending on the facts and circumstances of the case. 

What is Stalking in New Jersey?

New Jersey defines stalking as a course of conduct directed at a specific person that knowingly or recklessly causes them to feel terrorized or fear for their safety, or the safety of their family or household members [N.J. Stat. § 2C:12-10]. This “course of conduct” can involve a variety of actions, including but not limited to:

• Repeatedly following or monitoring the victim’s movements
• Sending unwanted messages, emails, or gifts
• Making threatening phone calls or leaving threatening voicemails
• Showing up uninvited at the victim’s home, workplace, or other frequented locations
• Vandalizing the victim’s property

Key Points of New Jersey’s Stalking Laws

• Pattern of Conduct: Stalking isn’t a single event. It’s a repeated pattern of behavior that causes the victim to be in fear.
• Intent: The stalker must act knowingly or recklessly, meaning they are aware their actions could cause fear, or disregard a substantial risk of causing fear.
• Fear: The victim must experience terror or fear for their safety, or the safety of those close to them.

Elements the Prosecution Must Prove for a Stalking Charge

It is the State/Prosecutor’s job to prove every element of a charge beyond a reasonable doubt. If the prosecutor fails to prove every element beyond a reasonable doubt, then the jury must find the defendant not guilty of that charge. According to the New Jersey Model Jury Charge, the prosecutor must rove each of the following elements beyond a reasonable doubt: 

1. that defendant purposely or knowingly engaged in a course of conduct directed at
   a specific person,
2. that defendant’s course of conduct would cause a reasonable person to [fear for
   his/her safety] OR [fear for the safety of a third person] OR [suffer emotional distress].
   (Charge if applicable:)
3. that defendant’s conduct did not occur during organized group picketing.

Penalties for Stalking in New Jersey

The severity of the stalking offense and the resulting penalties depend on the circumstances:

• Fourth Degree Crime (Most Common): A first-time stalking offense is typically charged as a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $10,000.
• Third Degree Crime: The offense is elevated to a third-degree crime, with a potential sentence of 3-5 years imprisonment and a fine of up to $15,000, if any of the following apply:
  
  • There was a pre-existing restraining order against the stalker prohibiting the behavior.
  • The stalking occurred while the offender was incarcerated or on parole/probation for another crime.
  • It’s a second or subsequent offense against the same victim.

Additional Considerations

• Civil Lawsuits: Victims may also pursue civil lawsuits against their stalkers for emotional distress and other damages.
• Restraining Order: A conviction for stalking often results in a permanent restraining order being issued against the perpetrator, further protecting the victim. A permanent restraining order is likely to be issued, prohibiting any contact with the victim. This can significantly impact your daily life, especially if you live or work near the victim.
• Mental Health Evaluation: The court may order you to undergo a mental health evaluation and potentially complete counseling programs.
• Probation: Probation with additional restrictions on your movements and behavior could be imposed.
• Employment and Housing: A stalking conviction can show up on background checks, potentially affecting your ability to secure employment or housing.

New Jersey Stalking Defense: Protecting Yourself Against False Accusations

A stalking charge in New Jersey can have serious consequences, including jail time, hefty fines, and a permanent mark on your criminal record. But being accused doesn’t mean you’re automatically guilty. If you’re facing stalking charges in New Jersey, there are defenses available. This guide explores those defenses and empowers you to take control of your situation.

Potential Defenses Against Stalking Charges in New Jersey

Several defenses can be used to counter a stalking accusation:

• No Course of Conduct: If the alleged behavior was isolated and infrequent, it may not qualify as a “course of conduct” under the law.
• Lack of Intent: You can argue that you had no intention to cause fear. Perhaps your actions were misinterpreted or resulted from a misunderstanding.
• Unreasonable Fear: If the alleged victim’s fear was not objectively reasonable based on the circumstances, the stalking charge might not hold. For instance, prior consensual interactions or a history of non-threatening contact could be relevant.
• First Amendment Protections: Demonstrations, protests, and picketing generally fall under free speech protections, and cannot be construed as stalking.
• Mistake of Fact: You can argue that you were mistaken about the identity of the alleged victim or that you were unaware your actions would cause them fear.
• Consensual Contact: If the alleged victim previously consented to the type of contact you had with them, it weakens the prosecution’s case regarding causing fear.
• Accident: In rare cases, accidental encounters or coincidental interactions could be misinterpreted as stalking. Evidence like time-stamped alibis can support this defense.
• Statute of Limitations: New Jersey has a two-year statute of limitations for most misdemeanors, including stalking in the fourth degree. This means the alleged victim must press charges within two years of the last incident.
• Duress or Coercion: If you were forced or coerced into engaging in the alleged stalking behavior by a third party, it could be a valid defense.

Building a Strong Defense Strategy

• Consult an Experienced Attorney: New Jersey stalking laws are nuanced. An attorney, such as Brett M. Rosen,  can analyze the specifics of your case, identify the most effective defense strategy, and fight for your rights.
• Gather Evidence: Document all interactions with the alleged victim. If you have witnesses who can support your version of events, obtain their statements.
• Maintain Open Communication: Be truthful and transparent with your lawyer. The more information they have, the better equipped they are to defend you.

Important Considerations

• False Accusations: Stalking charges can sometimes be used as a tactic in domestic disputes or harassment situations.
• Severity of Charges: New Jersey categorizes stalking into different degrees based on the severity of the conduct and presence of threats. The penalties can be severe and long-lasting.
• Impact on Your Life: Even if the charges are dropped, a stalking accusation can damage your reputation and future opportunities. A strong defense is crucial to minimize the long-term impact.

Remember: You have the right to defend yourself against false accusations. By understanding the law, exploring potential defenses, and seeking legal counsel (such as Brett M. Rosen), you can navigate this challenging situation and protect your future.

Facing Stalking Charges in New Jersey? Here’s What You Should Do Now.

Being charged with stalking in New Jersey can be a frightening and confusing experience. The potential consequences, including jail time, hefty fines, and a lasting criminal record, are enough to make anyone feel overwhelmed. But here’s the good news: you don’t have to navigate this alone. Here’s a crucial first step-by-step guide to empower you after a stalking accusation:

Step 1: Stay Calm and Silent.

Reacting emotionally or arguing with the accuser can worsen the situation. It’s essential to stay calm and avoid any further contact with the alleged victim. This includes calls, texts, emails, or attempts to see them in person.

Step 2: Secure Legal Representation Immediately.

This is the most crucial step. An experienced New Jersey criminal defense attorney, such as Brett M. Rosen, can analyze the specifics of your case, identify the most effective defense strategy, and fight aggressively to protect your rights. Don’t attempt to handle these charges on your own.

Look for an attorney, like Brett M. Rosen, specializing in stalking defense. Their experience with the nuances of New Jersey stalking laws will be invaluable.

Step 3: Gather Evidence (if possible).

While prioritizing your safety and avoiding contact with the accuser, try to gather any evidence that might support your case. This could include:

• Documentation of any prior consensual interactions with the alleged victim.
• Alibi witnesses who can verify your whereabouts during the alleged stalking incidents.
• Records of any communications with the accuser that demonstrate a lack of malicious intent.

Step 4: Be Honest and Transparent with Your Lawyer.

The success of your defense hinges on open communication with your lawyer. Provide them with all the details, even if they seem unfavorable. A complete picture of the situation allows them to build the strongest possible defense strategy.

Step 5: Understand the Potential Consequences.

Stalking charges in New Jersey can range from fourth-degree misdemeanors to third-degree felonies, depending on the severity of the case. Familiarize yourself with the potential penalties (explained in our previous Stalking Penalties in NJ guide) to understand the situation’s gravity.

Remember: A stalking charge doesn’t equate to guilt. By taking these initial steps and securing strong legal representation, you can fight the accusations and protect your future.

New Jersey Stalking Law FAQ: Your Questions Answered

A stalking accusation can be a frightening and confusing experience. New Jersey law takes stalking seriously, and the potential consequences can be severe. This FAQ page aims to answer your pressing questions about stalking laws in New Jersey, empowering you with knowledge during this difficult time.

What is considered stalking in New Jersey?

New Jersey defines stalking (N.J.S.A. 2C:12-10) as a repeated course of conduct directed at a specific person that knowingly or purposely causes them to fear for their safety or the safety of others close to them. This “course of conduct” involves repeated acts, not isolated incidents.

What are the different types of stalking charges in New Jersey?

Stalking charges in New Jersey can be classified as either fourth-degree or third-degree offenses, depending on the severity of the circumstances.

• Fourth-degree stalking: This is the most common charge, carrying a maximum penalty of 18 months in prison and a $10,000 fine. It applies when the course of conduct causes reasonable fear but without aggravating factors.
• Third-degree stalking: The penalties become harsher under certain conditions. The charge elevates to a third degree if:
  • A restraining order was violated.
  • The stalking occurred while on parole/probation for another serious offense.
  • The stalking involved a weapon threat.
  • The stalking resulted in bodily injury.
  • A subsequent stalking offense occurs (regardless of restraining orders). This carries a potential sentence of 3-5 years in prison and a $15,000 fine.

What are some examples of stalking behavior?

Stalking behavior can take many forms, including:

• Repeatedly following or monitoring someone’s movements
• Sending unwanted gifts, letters, or emails
• Making harassing phone calls or leaving threatening messages
• Loitering near someone’s home or workplace
• Using technology to track someone’s location online or through their phone

I’m being falsely accused of stalking. What are my defenses?

Several defenses can be used against stalking charges:

• No course of conduct: If the alleged behavior was isolated and infrequent, it may not qualify.
• Lack of intent: You can argue you didn’t intend to cause fear, perhaps due to misunderstanding or misinterpreted actions.
• Unreasonable fear: If the fear was not objectively reasonable based on the situation (e.g., prior consensual interactions), the charge might be weakened.
• First Amendment protections: Demonstrations, protests, and picketing generally fall under free speech.
• Mistake of fact: You were mistaken about the victim’s identity or unaware your actions would cause fear.
• Consensual contact: If the alleged victim previously consented to the type of contact, it weakens the fear aspect.
• Statute of Limitations: Charges must typically be filed within two years of the last incident.

What should I do if I’m facing stalking charges?

• Consult an attorney immediately. A lawyer can analyze your case, identify the most effective defense strategy, and fight for your rights.
• Gather evidence: Document all interactions with the alleged victim and obtain witness statements if possible.
• Maintain open communication: Be truthful and transparent with your lawyer. The more information they have, the better equipped they are to defend you.

What if I have a restraining order against me, and I accidentally have contact with the person?

This can be a complex situation. While a mistake might be considered in your defense, it’s crucial to consult with an attorney. Even unintentional contact can be seen as a violation, especially if it appears deliberate.

Can I press charges against someone for stalking me?

Yes, if you believe someone is stalking you, you can report the behavior to the police and seek a restraining order. However, law enforcement will investigate the situation to determine if it meets the legal definition of stalking.

How long does a stalking charge stay on my record?

In New Jersey, convictions for fourth-degree stalking offenses are eligible for record expungement after a waiting period, typically eight years. This process allows you to petition the court to have the arrest and conviction erased from your record. Third-degree stalking convictions are more serious and have longer waiting periods for expungement eligibility. Consulting with an attorney is crucial to understand the specific expungement timelines for your case.

What resources are available for victims of stalking in New Jersey?

The New Jersey Coalition Against Sexual Assault (NJCASA) offers support services and resources for victims of stalking, including crisis intervention, counseling, and legal advocacy. You can find their contact information or resources online at https://njcasa.org/.

Premier New Jersey Stalking Charge Lawyer

There are numerous reasons to retain Brett M. Rosen as a criminal defense attorney for a stalking charge in New Jersey, and these reasons include:

1. Proven Track Record: Brett M. Rosen has a history of successful case outcomes, demonstrating his capability to handle complex criminal cases effectively.

2. Client Satisfaction: His clients have consistently rated him highly across various platforms, indicating a high level of satisfaction with his legal services.

3. Comprehensive Legal Knowledge: With a deep understanding of New Jersey’s criminal laws, Mr. Rosen can navigate the legal system to the advantage of his clients.

4. Aggressive Defense Strategy: Known for his assertive approach, he works relentlessly to defend his clients’ rights and secure the best possible outcome.

5. Personalized Attention: Mr. Rosen provides personalized legal representation, ensuring that each client’s unique circumstances are thoroughly considered.

6. Peer Recognition: His expertise is recognized by his peers, further validating his standing as a competent and skilled attorney.

7. High-Profile Case Experience: Having handled cases involving celebrities and public figures, Mr. Rosen is adept at managing cases that attract media attention.

8. Ethical Practice: He maintains a strong ethical standard in his practice, as evidenced by the absence of any professional misconduct findings.

9. Strategic Cross-Examination: His skillful cross-examination techniques have been pivotal in discrediting opposition witnesses and strengthening his clients’ defense.

10. Diverse Practice Areas: Mr. Rosen’s experience spans across various areas of criminal defense, making him well-equipped to handle stalking charges which can often intersect with other legal issues.

11. Accessibility: Offering video conferencing options like Google Meet and Zoom, he ensures that legal assistance is accessible to clients, regardless of their location.

12. Free Consultation: Potential clients can benefit from a free initial consultation to discuss their case and understand the legal options available to them.

13. Award-Winning Service: His selection to the Thomson Reuters Super Lawyers Rising Stars list for multiple years speaks to his excellence in criminal defense.

14. Community Involvement: Mr. Rosen’s involvement in the community and his commitment to justice are indicative of his dedication to the legal profession and his clients.

15. Effective Communication: He is known for his excellent communication skills, ensuring that clients are well-informed throughout the legal process.

By choosing Brett M. Rosen, clients can be confident that they are being represented by an attorney who is not only highly qualified but also deeply committed to their defense. Remember, when facing serious charges like stalking, having a skilled defense attorney can make a significant difference in the outcome of the case. Contact our office today to discuss you or your loved one’s stalking charges.