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General Penalties for Harassment in NJ
NJ Harassment Penalties: 2C:33-4(a) or (b)
- Up to 30 days in Jail
- Up to $500.00 Fine
- Probation or Community Service as Determined by the Court
NJ Cyber Harassment Penalties: 2C:33-4.1
- Up to 18 Months in Jail
- Up to $7,500.00 Fine
- Probation or Community Service as Determined by the Court
Arrested For Harrasement in NJ?
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What is Harassment in NJ and Why You Need A Skilled Criminal Lawyer as Part of your Defense
The Crime/Offense of Harassment in NJ is one of the most frequently charged offenses. Harassment can arise from anything that is considered by a reasonable person to be annoying. Many people think they have the right to freedom of speech or freedom of expression and yes that is your right so long as it does not cause another annoyance or alarm. Harassment charges frequently arise out of neighbor disputes, divorces or domestic violence actions. If your harassment was done by use of a computer, cell phone or other communication it can be considered cyber harassment and the penalties increase drastically with a potential penalty of up to 18 months in Jail.
A Conviction can results in all of the following:
- Fines
- Jail
- Probation
- Criminal Record
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Helping Clients Get Not Guilty Verdicts for Harassment Charges For 30 Years
NJ Harassment Law: 2C:33-4
Cyber Harassment can be known or called Cyber-Bullying and Revenge Porn if:
1) The communication is in electronic format
2) The person had the Intent to emotionally harm the victim or place the victim in fear of physical or emotional harm or
3) The person threatens to commit any crime against the person or the person's property
Cyber Harassment and the Revenge Porn and Cyber Bullying Nexus to Stalking:
Note: Cyber bullying or Cyber Harassment can rise to the level of stalking if they cause a reasonable person to fear for their own safety or the safety of a third person or suffer other emotional distress. Stalking is a crime of the third degree carrying fines of up to $15,000.00 and three to five years in State Prison.
Note: Cyber Harassment can rise to Revenge Porn (aka invasion of privacy) and is a crime of the third degree carrying fines of up to $15,000.00 and three to five years in State Prison. The elements are: 1) another person engaging in sexual contact or nudity, 2) without consent, and 3) via photograph and video. It is also an offense to distribute, for money or not, any materials depicting a person engaging in sexual contact or nudity without the depicted persons consent
- Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
- 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. A communication under this subsection may be deemed to have been made either at the place where it originated or at the place where it was received by the victim.
- 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.
- A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States
General Defenses For Harassment 2C:33-4(A) Or 2C:33-4(B) In NJ
Lawyers Commentary: Many defenses exist to a harassment charge. But just because you have a defense does not mean that you will get a dismissal or not guilty verdict. A defense is only a defense and it must be affirmatively raised and proven to the Judge.
Without the proper presentation of your case your defense could be deemed irrelevant. Some of the best defenses to a harassment charge come from the relevant case law. Case law in NJ has interpreted the law to mean that the person committing the offense must have had a purpose to harass the victim. The conduct must disturb, bother or irritate the victim. Thus, the use of profanity alone would not be sufficient to prove the crime of harassment if it could not be proven that it did not "irritate the victim" Harassment charges are very fact specific and even if you did commit the offense that does not mean that your actions can't be defended. A recent 2017 NJ Supreme Court case (State vs. William Burkert) is a case on point that if harassment involves the prosecution of pure speech, repeated acts to “alarm” and “seriously annoy” must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interfere with that person’s reasonable expectation of privacy.
In this case a person printed and distributed a cartoon like depiction of the victim and was found guilty of harassment. The appeal court found that this one time printing was simply not enough to sustain a conviction for harassment. However, the court recently noted in M.N, vs H.N. in 2019 that a finding of a purpose to harass may be inferred from the evidence presented,” and common sense and experience may inform that determination. Because direct proof of intent is often absent, “purpose may and often must be inferred from what is said and done and the surrounding circumstances,” and “prior conduct and statements may be relevant to and support an inference of purpose.
Even if your guilty I can still help you Win, Reduce or Eliminate the penalties you face But you must take the first step and setup the free in office consultation. I have a 98% success rate to win, reduce or eliminate the penalties but the sooner I
NJ Cyber Harassment Law: 2C:33-4.1
- A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
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- Threatens to inflict injury or physical harm to any person or the property of any person;
- sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person; or
- Threatens to commit any crime against the person or the person's property.
- Cyber-harassment is a crime of the fourth degree, unless the person is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree.
- If a minor under the age of 16 is adjudicateddelinquent for cyber harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following:
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- A class or training program intended to reduce the tendency toward cyber-harassment behavior; or
- A class or training program intended to bring awareness to the dangers associated with cyber-harassment.
- A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $25 for a first offense and not more than $100 for each subsequent offense.
Additional Associated Charges to a NJ Harassment Charge
In addition to harassment several other charges are associated with the actions which can amount to harassment. These charges are generally more serious and include either the same amount or additional jail time of up to 10 years for some of the crimes listed below:
- Assault both simple and aggravated (2C:12-1a) and (2C:12-1b)
- Terroristic Threats (2C:12-3)
- Criminal Mischief (2C:17-3)
No matter what your charged with, if you cannot afford a conviction you need not just any lawyer but the best lawyer.
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