Harassment in New Jersey is an offense that prohibits many actions. Under state law, this charge is a lesser charge than terrorist threats or assault. In cases of domestic violence, a harassment charge is commonly used as a method to get a restraining order put in place.
A person can be accused and charged with harassment under New Jersey state statute 2C:33-4. Under most situations, a person accused of harassment is facing a petty disorderly persons offense. Harassment is a complex charge, and a person can be found guilty of this crime if any of the three elements below applies to the situation.
The three elements of a harassment charge are as follows:
The penalties for harassment depend on the behavior that created the charge. The maximum sentence for petty disorderly persons, a harassment charge, is 30 days in jail. If a person is convicted of a 4th-degree offense, a jail term of 18 months could be imposed. Harassment is an indictable charge if the individual committing the offense is on parole.
If you are accused of harassment in New Jersey, it is important to hire a defense lawyer right away. An attorney understands the intricacies involved in harassment complaints and will provide you with the defense you need to fight the charges.
Many harassment charges can be defended successfully because of the way the law can be interpreted. For instance, the supposed harassment must be proven to be actual harassment instead of just annoying. For example, if a person sends another 400 emails, but the communication is for valid reasons and no foul language or threatening words are included, the harassment may simply be annoying and not harassment. Due to the intricacies of the law, all cases surrounding this topic are handled in a case by case manner.
Definition of Alarming or Annoying
To determine if communication is harassment, a court system will interpret the facts of a case. Factors that are taken into consideration include age, occupation, gender, and the relationship between the harasser and the victim. A defense attorney will be able to argue these facts in your favor, which will provide you with the best defense.
If you're accused of harassment in New Jersey, it's important to know your rights and be informed of the consequences associated with the charge. When you contact Daniel E. Berger, Esq., he will work closely with you to make sure you understand the process, your rights, and any possible alternatives. Call Daniel Berger, ESQ. today to protect your rights! A free consultation and immediate assistance are just a phone call away.