New Jersey Harassment Lawyer
Avoid Fines and Jail Time with a New Jersey Harassment Lawyer
Most people are aware that harassment can get them into trouble at work. But, what most people don’t realize is that harassment can also be prosecuted as a criminal offense under New Jersey law. So, if you have been charged with harassment, you are facing fines, jail time and other consequences, and you should hire a New Jersey harassment attorney promptly to help you build a strong defense.
When Is Harassment a Criminal Offense in New Jersey?
New Jersey’s harassment statute, N.J.S.A. Section 2C:33-4, identifies three separate offenses. A person can be charged with harassment in New Jersey if he or she:
- “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;
- Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
- Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.”
Under N.J.S.A. Section 2C:33-4, harassment is graded as a petty disorderly persons offense. This means that it carries up to 30 days in jail and a $500 fine. In some cases, individuals charged with harassment will face other charges (i.e., assault or domestic violence), and these charges can carry even more significant penalties.
What Are Some Examples of Criminal Harassment?
Due to the breadth of N.J.S.A. Section 2C:33-4, criminal harassment can take many different forms. One common example involves calling someone repeatedly late at night and leaving threatening or offensive messages. Another common example involves threatening to physically harm a domestic partner or spouse. In addition, making threats to neighbors, yelling at someone on the street or in a bar, and bullying co-workers are all examples of acts that may be prosecuted as criminal harassment in New Jersey as well.
How Do Prosecutors Prove Harassment?
While there are several ways for prosecutors to pursue a harassment charge, proving that a defendant is guilty of harassment can be challenging in many cases. Prosecutors must prove the defendant’s guilt beyond a reasonable doubt, which means they must have evidence that conclusively answers questions such as:
- Did the defendant use “offensively coarse language?”
- Were the defendant’s communications “likely to cause annoyance or alarm?”
- Did the defendant act with the “purpose to alarm or seriously annoy?”
When our New Jersey harassment attorney represents clients in court, they work to expose as many flaws in the prosecution’s case as possible. We fight to help our clients avoid convictions whenever possible, and we help our clients explore alternatives such as pre-trial intervention (PTI) or conditional dismissal when necessary.
Potential Defenses in New Jersey Harassment Cases
The defenses that a New Jersey harassment lawyer may be able to assert on your behalf depend on two key factors: (i) the specific allegations against you; and (ii) the specific facts of your case. For example, if you are being accused of sending harassing text messages, you may have very different defenses than if you are being accused of striking or offensive touching. Likewise, if you did not commit the alleged harassment in question, this is a very different scenario than defending against a harassment charge that prosecutors may be able to clearly prove in court.
With this in mind, some examples of potential defenses to harassment charges in New Jersey include:
- Lack of “Purpose” (or Intent) – To secure a conviction, prosecutors must be able to prove that you acted with the “purpose to harass another.” This requires evidence of your intent. If prosecutors cannot prove that you intended to harass, then they should not be able to secure a conviction.
- False Accusations – Unfortunately, false accusations of harassment are not uncommon. If you are being falsely accused of harassment, you do not deserve to be convicted.
- Questions About the Severity of Your Alleged Conduct – Did you communicate at “extremely inconvenient” hours? Did you use “offensively coarse” language? Did you engage in other “alarming conduct” that was intended to “seriously annoy” the alleged victim? These are all questions that do not have clear or straightforward answers.
- Insufficient Evidence of Guilt – Regardless of the facts of your case, prosecutors must be able to prove your guilt beyond a reasonable doubt. If prosecutors don’t have the evidence they need, you are entitled to a “Not guilty” verdict regardless of the facts at hand.
- Violations of Your Constitutional Rights – If police or prosecutors have violated your constitutional rights, this could render prosecutors’ evidence inadmissible in court. If prosecutors can’t use their evidence against you, they won’t be able to meet their burden of proof.
Once you hire a New Jersey harassment lawyer to represent you, your lawyer will be able to examine the facts of your case to determine which defense (or defenses) you have available.
Discuss Your Case with a New Jersey Harassment Attorney
Have you been charged with harassment in New Jersey? If so, we can help, but it is important that you contact us as soon as possible. To schedule a confidential initial consultation with a New Jersey harassment lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or send us your contact information online now.
Q&A with an Experienced New Jersey Harassment Lawyer
Is a single text message or argument enough to be charged with criminal harassment?
While evidence of a “course of alarming conduct or of repeatedly committed acts” is required in some harassment cases, a single text message or argument can also be enough to trigger a harassment charge depending on the circumstances involved. In these cases, a key question is whether your communication was made, “at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm.”
What is the potential penalty if I am convicted of criminal harassment in New Jersey?
Harassment is classified as a petty disorderly persons offense under New Jersey law. This means that it carries up to 30 days in jail and a $500 fine. However, if you are being accused of harassment as a form of domestic violence, you could also be facing a temporary restraining order (TRO) and other potential penalties.
How does a criminal harassment charge relate to a Domestic Violence Temporary Restraining Order (TRO)?
Under the New Jersey Prevention of Domestic Violence Act (PDVA), harassment can be prosecuted as a crime of domestic violence if the alleged victim is a current or former romantic partner or another “protected person.” In domestic violence cases, alleged victims can seek a temporary restraining order (TRO) in civil court before the alleged perpetrator’s criminal case goes to trial.
If you are being accused of harassing a “protected person,” you could face a TRO without the opportunity to appear in court. If you violate your TRO, you may face criminal penalties regardless of whether you are guilty of harassment. A New Jersey harassment lawyer at our firm can walk you through everything you need to know during your confidential initial consultation.
Are there any programs that can lead to the dismissal of the criminal harassment charge?
If you are facing a harassment charge in New Jersey as a first-time offender, you may be eligible to participate in a pre-trial diversion program. If you are eligible—and if you enroll in the program and complete all requirements successfully—your harassment charge will be dismissed without a trial. A New Jersey harassment lawyer at our firm can help you determine whether this is an option you can—and should—pursue based on the circumstances of your case.
