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Main Office: G-10 Brier Hill Court, East Brunswick, N.J. 08816
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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 and or Community Service
|General Penalties for Harassment in NJ
What is Harassment in NJ and Why You Need A
Skilled Criminal Lawyer as Part of your Defense:
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If you want the best chance to win your Criminal Charge you need to hire the best lawyer.
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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 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
rate to win, reduce or eliminate the penalties but the sooner I
start working on your case the more I can do to help.
*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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