Lawyer for Stalking in New Jersey

What is Stalking?

Stalking laws in New Jersey are broad and are not simply the act of showing up at the location where the victim lives or works or following them on foot or by vehicle. N.J. Stat. § 2C:12-10 defines stalking as:

“A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.”

New Jersey defines “course of conduct” as maintaining visual or physical proximity to a person through any of a number of methods, such as attempting to contact the person through a friend or family member. It also includes online platforms such as texting, email, or social media, known as cyberstalking. Cyberstalking charges can also reach the level of a felony.

Examples of stalking include:

• Sending explicit or implied threats to the victim or their family and friends.
• Damaging property such as a home or car.
• Tracking someone’s location personally or through technology.
• Unwanted communication such as texts, emails, letters, or gifts.
• Manipulative behavior that seeks to gain the person’s attention.

If any of these actions are committed on two or more occasions and cause emotional stress — which the state defines as “significant mental suffering or distress” — the victim may have grounds to file stalking charges.

What are the Penalties for Stalking?

Stalking is usually a fourth-degree crime with a sentence of up to 18 months in prison. However, the charge can be classified in the third degree, which can result in up to five years in prison, under the following circumstances, according to N.J. Stat. 2C:12-10:

• A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
• A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
• A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.

There are numerous factors that determine the penalties for a stalking conviction. The relationship between the victim and the alleged stalker is relevant to the case and could result in a lower charge of harassment if there was a previous relationship between the parties. 

In addition, intent plays a role in the case, and the accused could claim he or she did not mean to cause distress to the victim.

Legal Defenses Against Stalking Charges

Rosenberg | Perry & Associates is aware that stalking charges can be complicated and that every case needs a well-thought-out defense. Proving a lack of intent is one typical defense. According to New Jersey law, stalking must make a “reasonable person” worry about their safety or experience emotional distress. We may show that the alleged acts do not fit the legal definition of stalking if our client did not intend for this to happen.

Another crucial defense is insufficient evidence. To determine whether the alleged behavior actually meets the requirements of New Jersey law for a “course of conduct,” our team thoroughly examines all correspondence, including emails, texts, and eyewitness reports. The charges may be lowered or dropped if the prosecution is unable to demonstrate repeated or malevolent intent.

In these cases, miscommunications and other mitigating factors also frequently play a role. Innocent or misunderstood actions that are viewed as threatening can be clarified by our attorneys. A strong defense may also be strengthened by assertions of self-defense or other extenuating circumstances.

With decades of experience in criminal defense in New Jersey, Rosenberg | Perry & Associates uses multiple tactics to safeguard our clients’ rights. Our thorough evidence review and understanding of state stalking laws enable us to successfully contest charges and seek the best results.

Steps to Take if You’re Accused of Stalking in New Jersey

In order to protect your rights and strengthen your case, you must move quickly and carefully if you are being accused of stalking in New Jersey. At Rosenberg | Perry & Associates, we advise taking the following crucial actions:

First and foremost, refrain from speaking with the accuser in any way, direct or indirect, even through family members or acquaintances. Contact that seems benign might be misconstrued or used against you in court. Additionally, keep any contact or supporting documentation—such as emails, texts, or social media interactions—that can lend credence to your position.

It’s also crucial to speak with an experienced defense attorney before testifying in court or to law police. A lawyer can advise you on how to respond to questions and assist shield your case from any unintended damage.

If a restraining order has been granted, adhere strictly to its provisions. Your defense may be weakened if you violate a restraining order, which may result in further legal issues and penalties.

Last but not least, think about stepping away from social media because remarks or postings might be misunderstood. Reducing communication with people you both know might also help avoid miscommunications or circumstances that could make your case more difficult.

By taking these actions and consulting with a knowledgeable lawyer, you can take charge of safeguarding your rights and confidently navigating the legal system.

Why Choose Rosenberg | Perry & Associates

When facing a serious allegation like stalking, choosing the right legal team is crucial. At Rosenberg | Perry & Associates, we approach each stalking case with extensive experience, specialized knowledge, and a deep understanding of New Jersey’s unique stalking laws and legal complexities.

Our firm has a strong record of resolving challenging stalking and criminal defense matters. With former prosecutors on staff, we have firsthand insight into prosecution tactics, enabling us to craft effective, strategic defenses. Our familiarity with the New Jersey legal system, its judges, and local nuances further enhances our ability to secure positive outcomes.

Every client receives dedicated, personalized support from us. We ensure they are well-informed and supported at each stage of the process. While aggressively defending your rights, our attorneys excel in negotiations, always working to maximize favorable results.

Choosing Rosenberg | Perry & Associates means having a skilled and committed team on your side, ready to protect your future. Contact us for a free consultation to discuss how we can build a strong defense together and help you navigate this challenging time with confidence.