Trenton NJ Harassment Attorneys
With Offices in Trenton and Pennington, NJ
One of the most common threat crimes in the State of New Jersey is harassment. When people have a falling out, things don’t always go smoothly. It is common for individuals on both sides of a soured relationship to react poorly. Sometimes, that involves poor decisions. A good example of this would be drunk dialing your ex at a late hour. Generally speaking, New Jersey law enforcement won’t take any chances in situations with the potential for threatening behavior or conduct. As a result, practically anyone can be charged with criminal harassment as a result of a verbal altercation with a former girlfriend or boyfriend.
Kamensky Cohen & Riechelson is a highly respected law firm with a track record of success in criminal case throughout New Jersey and Pennsylvania. Our criminal defense attorneys defend clients against harassment charges across Mercer County, NJ, including Hamilton, Robbinsville, and Hightstown. Additionally, our litigation team includes a New Jersey Certified Trial Attorney and a New Jersey “Super Lawyer,” so you know that we have the courtroom experience needed to challenge the prosecution and beat your harassment charges. Call KCR now to start your defense.
Harassment Charges in Mercer County NJ: N.J.S.A. 2C:33-4
Criminal harassment in New Jersey is governed by N.J.S.A. 2C:33-4. The statute sets forth three scenarios which can lead to harassment charges
- You can be charged with harassment for communicating with another person anonymously, at extremely inconvenient hours, in offensively coarse language, or in any manner likely to cause annoyance or alarm.
- You can be charged with harassment for subjecting another person to striking, kicking, shoving, or other offensive touching. You can also be charged with harassment for threatening to strike, kick, shove, or otherwise offensively touch another person.
- You can be charged with harassment for engaging in any other course of alarming conduct or repeated acts with the purpose to alarm or seriously annoy another person.
New Jersey judges will typically consider a number of factors in harassment cases. These factors include the age, gender, and occupation of the alleged victim. Judges may also consider the relationship between the parties. Moreover, the time and location of the communications matter a great deal when determining whether the communications were “offensively coarse.” For example, a late-night phone call to the other person’s private home might be perceived differently than an email sent during working hours.
A crucial element of a harassment charge is intent. The prosecution must prove that you communicated with another person for the purpose of harassing that person. If you can demonstrate that you were communicating with the other person for a legitimate purpose – such as resolving a custody matter – then it might be possible to get the harassment charge dismissed.
Penalties for Harassment in New Jersey
Harassment is ordinarily classified as a petty disorderly persons offense. This means that anyone convicted of harassment may be sentenced to up to 30 days in the local county jail and fined $500.
However, a harassment charge can be upgraded to a felony-level offense if the harassment occurred while the defendant was on parole or probation for an indictable criminal offense. In these instances, the defendant may be charged with fourth degree harassment and potentially sentenced to up to 18 months in New Jersey State Prison, as well as fined $10,000.
Related Charge: Stalking in Hamilton NJ
If the conduct is deemed particularly egregious, the defendant may face elevated charges of stalking. Stalking is ordinarily classified as a fourth degree felony. This means that your case will be heard in the county superior court. If you are convicted of fourth degree stalking, you may be sentenced to up to 18 months in New Jersey State Prison.
In certain circumstances, you could be charged with a third degree felony and sentenced to 3–5 years in New Jersey State Prison.
Free Consultation with Princeton NJ Harassment Lawyers
The criminal defense lawyers at Kamensky Cohen & Riechelson know what it takes to secure a win in the courtroom. We will do whatever it takes to help you avoid a criminal conviction for harassment. Call us today to discuss your harassment case, or email us to schedule a free consultation at our offices in Pennington or Trenton.