Stalking Defense Attorney Elizabeth, NJ

Stalking Defense Attorney Elizabeth, NJ

Being accused of stalking can turn your life upside down. The mere allegation can damage your reputation, strain relationships, and lead to severe consequences, including restraining orders, jail time, and a criminal record. If you’re facing stalking charges in Elizabeth, New Jersey, it’s imperative to seek immediate legal representation from a skilled attorney who understands the complexities of these cases and can mount a vigorous defense on your behalf.

Secure Your Defense with Brett M. Rosen, Esq.

Understanding Stalking Charges in New Jersey

In New Jersey, stalking is a serious criminal offense defined under N.J.S.A. 2C:12-10. The statute states that a person is guilty of stalking if he or she:

• Purposely or knowingly engages in a course of conduct directed at a specific person
• This course of conduct would cause a reasonable person to fear for their safety or the safety of their immediate family  
• The conduct actually causes the victim to fear bodily injury or death to themselves or their immediate family

The term “course of conduct” is broadly defined and can include various actions such as:

• Repeatedly maintaining visual or physical proximity to a person
• Following, monitoring, observing, surveilling, threatening, or communicating to or about a person
• Interfering with a person’s property
• Repeatedly committing harassment against a person  
• Conveying or causing to be conveyed, verbal or written threats, or threats implied by conduct directed at or toward a person

A Union County Prosecutor must prove the following elements beyond a reasonable doubt according the the New Jersey Model Jury Charge:

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] [fear for the safety of a third person] [suffer emotional distress].

If the prosecutor fails to prove just one element beyond a reasonable doubt, then the jury must find the defendant not guilty of stalking.

Penalties for Stalking Convictions in Elizabeth, New Jersey

The penalties for a stalking conviction in New Jersey depend on the degree of the offense and any prior convictions:

• Fourth-degree crime:

  • Fine: Up to $10,000
  • Jail time: Up to 18 months in state prison
  • Probation
  • Restraining order

• Third-degree crime: (if the defendant has a prior conviction for stalking or violating a restraining order)

  • Fine: Up to $15,000
  • Jail time: 3 to 5 years in state prison
  • Probation
  • Restraining order

In addition to these criminal penalties, a stalking conviction can also lead to:

• Loss of employment: A criminal record can make it difficult to find or keep a job.
• Damage to your reputation: A stalking conviction can severely tarnish your reputation and affect your relationships with others.
• Difficulty obtaining housing or loans: Landlords and lenders may be hesitant to do business with someone convicted of stalking.
• Immigration consequences: If you are not a U.S. citizen, a stalking conviction could lead to deportation.

Defenses Against Stalking Charges

While stalking charges are serious, there are several potential defenses that an experienced attorney can employ to protect your rights:

• Lack of intent: The prosecution must prove that you purposely or knowingly engaged in a course of conduct intended to cause fear. If you can show you had no such intent, or your actions were misinterpreted, it may be a strong defense.
• No reasonable fear: The victim’s fear must be reasonable under the circumstances. If the alleged conduct wouldn’t cause a reasonable person to fear for their safety, it may not constitute stalking.
• Insufficient evidence: The prosecution must present enough evidence to prove beyond a reasonable doubt that you engaged in a course of conduct that meets the legal definition of stalking.
• False accusations: Unfortunately, false accusations can happen, often in the context of contentious relationships or disputes. An attorney can investigate the accuser’s motives and challenge the veracity of their claims.
• Constitutional violations: If your rights were violated during the investigation or arrest, such as illegal search and seizure or lack of Miranda warnings, your attorney can argue to have the evidence suppressed.

FAQs About Stalking Charges in Elizabeth, New Jersey

1. What is the difference between stalking and harassment?

   • While both involve unwanted contact, stalking generally involves a pattern of behavior that causes fear, while harassment may involve a single incident or a series of less threatening actions.

2. Can I be charged with stalking even if I didn’t directly threaten the alleged victim?

   • Yes, stalking can encompass various behaviors beyond direct threats, including following, monitoring, or repeatedly communicating with someone in a way that causes them fear.

3. What if the alleged victim is my ex-partner?

   • Stalking often occurs in the context of former relationships. However, even if you were previously involved with the alleged victim, your actions can still constitute stalking if they meet the legal definition.

4. Can I be charged with stalking even if I didn’t physically harm the alleged victim?

   • Yes, stalking is primarily focused on the fear caused by your actions, not whether actual physical harm occurred.

5. What should I do if I’m served with a restraining order?

   • It’s critical to comply with the terms of the restraining order, even if you believe it’s unjust. Violating a restraining order can lead to additional criminal charges and severe penalties. Consult with an attorney immediately to discuss your options and potential defenses.

FAQs Continued

• Can I be charged with stalking if I was just trying to be friendly or express my feelings?
  • While your intentions may have been harmless, if your actions caused a reasonable person to fear for their safety or suffer emotional distress, you could still be charged with stalking.
• What should I do if I’m accused of stalking?
  • The most important step is to remain silent and contact an experienced attorney immediately. Do not contact the alleged victim or attempt to explain your actions without legal counsel present.
• Will a stalking conviction affect my ability to own a firearm?
  • Yes, a stalking conviction can result in the loss of your right to own or possess firearms in New Jersey.
• Can a stalking conviction be expunged?
  • In general, stalking convictions are eligible for expungement in New Jersey. However, every case is unique and the facts and charges of what you were convicted of may affect it. Seeking counsel from a reputable attorney is a wise choice.
• How can I protect myself if I believe I’m being falsely accused of stalking?
  • If you’re facing false accusations, contact an attorney immediately. Document any evidence that contradicts the allegations and avoid any contact with the accuser.

Why Choose Brett M. Rosen, Esq. as Your Stalking Defense Attorney?

• Extensive experience: Mr. Rosen has successfully represented clients facing a wide range of criminal charges, including stalking and harassment. He has an in-depth understanding of New Jersey’s stalking laws and the strategies needed to build a strong defense.
• Compassionate representation: He recognizes the sensitive nature of stalking accusations and the potential impact on your life and reputation. He will handle your case with discretion and provide you with the support and guidance you need.
• Aggressive advocacy: Mr. Rosen is a fierce advocate for his clients’ rights and will fight tirelessly to protect your freedom and future.
• Personalized attention: He will take the time to understand your unique circumstances and tailor a defense strategy that addresses your specific needs and goals.
• Free consultations: He offers free initial consultations to discuss your case and provide you with an honest assessment of your legal options.

Don’t Face a Stalking Charge in Elizabeth Alone-Contact Brett M. Rosen, Esq.

Facing stalking charges can be a frightening and overwhelming experience. Don’t face it alone. Brett M. Rosen, Esq., is a dedicated criminal defense attorney who will fight tirelessly to protect your rights, your reputation, and your future.

Contact him today for a free consultation and let him be your advocate in this challenging legal battle. 908-312-0368 or by email at brett@nynjcriminalcivilesq.com.