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since 2014 as one of the Top 100 Trial Lawyers by the National Trial Lawyers. When you hire the best lawyer you put
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|H. Scott Aalsberg, Esq., P.C.
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Main Office: 39 Milltown Road 2nd Floor, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
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NJ Harassment Charge Lawyers
NJ Harassment Penalties: 2C:33-4(a) or (b)
Except as provided in subsection e., a person
commits a petty disorderly persons offense if, with
purpose to harass another, he:
a.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.
b.Subjects another to striking, kicking, shoving, or
other offensive touching, or threatens to do so; or
c.Engages in any other course of alarming conduct
or of repeatedly committed acts with purpose to
alarm or seriously annoy such other person.
e.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
1) Up to 30 days in Jail
2) Up to $500.00 Fine
3) Probation or Community Service as Determined by the Court
NJ Harassment Law: 2C:33-4
NJ Cyber Harassment Penalties: 2C:33-4.1
1) Up to 18 Months in Jail
2) Up to $7,500.00 Fine
3) Probation or Community Service as Determined by the Court
|General Penalties for Harassment in NJ
What is Harassment in NJ and Why You Need A
Skilled Criminal Lawyer as Part of your Defense:
|Attorney H. Scott Aalsberg, Esq., is Listed Nationally as a Top Criminal Defense Lawyer
If you want the best chance to win your Criminal Charge you need to hire the best lawyer.
Put Attorney H. Scott Aalsberg, Esq., high success rate to work for you.
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.
|General Defenses for Harassment
2C:33-4(a) or (b) in NJ
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:
(1) threatens to inflict injury or physical harm to
any person or the property of any person;
(2) sends, posts, comments, requests, suggests,
or proposes any lewd, indecent, or obscene
material to or about a person; or
(3) threatens to commit any crime against the
person or the person's property.
b. 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.
c. If a minor under the age of 16 is adjudicated
delinquent 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:
(1) a class or training program intended to
reduce the tendency toward cyber-harassment
(2) a class or training program intended to bring
awareness to the dangers associated with
d. 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
NJ Cyber Harassment Law:
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.
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 December 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.
Thus, even if your guilty my lawyers can help you Win,
Reduce or Eliminate the penalties. 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 start working on your case the more I can do for you.
*98% Success Rate is based on past cases and is not indicative of future performance, by law no Attorney can guarantee or predict a future result.
|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:
1) Assault both simple and aggravated (2C:12-1a) and (2C:12-1b)
2) Terroristic Threats (2C:12-3)
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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