NJ Stalking Charges

Attorney Alan G. Peyrouton

NJ Stalking Charges - The Basics

How are NJ Stalking Charges defined under N.J. Stat. § 2C:12-10?

“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.”

NJ Stalking Charges Examples

Repeatedly sending explicit or implied threats, (these threats made be made through a 3rd party.
Vandalizing someone’s property.
Following someone closely while that person is out exercising or shopiing.
Repeatedly sending communications via texts, emails, letters, or any other means.

NJ Stalking Charges Penalties

NJ stalking charges are generally filed as fourth-degree felony as discussed above.

However, you could face 3rd-degree charges if you:

continue to stalk someone in violation of an “existing court order” prohibiting the behavior.
commit a second or subsequent offense of stalking against the same victim (third-degree.)
stalk someone 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.

NJ Stalking Charges & Protective Orders

Under New Jersey statute, N.J.S.A. 2C:12-10.1, the victim in your NJ stalking charges case can apply for a final restraining if you’re convicted.

If you are convicted of NJ stalking charges, the court can issue an order that:

Prohibits you from entering the residence, property, school, or place of employment of the victim
Requires you to stay away from any specified place named in the order as frequented regularly by the victim
Restrains you from making contact with the victim, including an order forbidding you from personally or through an agent initiating any communication likely to cause annoyance or alarm, including personal, written, or telephone contact, or contact via an electronic device with the victim, the victim’s employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.

Consequences for violating a protective order.

If you violate a protective order, you face 18 months in prison & a $10,000.00 fine.

NJ Stalking Charges & Your Legal Defenses

If you’ve been charged with stalking someone in New Jersey, you will have the following choices:

Plead Guilty

You will have to admit what you did under oath. This option will leave you with a criminal conviction. It will stay on your record for years before it can be expunged. And it will show up a background check.

Plead Guilty to a Downgraded Charge

This is one aspect of plea bargaining. Instead of admitting that you stalked someone, we will work out a deal with the prosecutor where you plea guilty to a lesser offense.

Go To Trial & Get Acquitted

This means that a judge or jury listened to all of the evidence & decided that you are not guilty of committing stalking.

Go To Trial & Get Convicted

This means that a judge or jury listened to all of the evidence & decided that you did commit stalking.

NJ Stalking Charges & Plea Deals

If you are facing NJ stalking charges, we do have legal strategies available.

For example, the government would need to show that you received notice that your communications were not welcomed.

What type of notice did you receive and was it adequate?

Also, if you traveled in the same circles as the alleged victim, isn’t it reasonable to expect that you would bump into each from time to time?

Most importantly, did your communications really cause the alleged victim to be consumed with fear of you?

Oftentimes, our legal strategy in these cases consists of getting the charges downgraded to a harassment misdemeanor charge.

In this way, you will be out of “felony danger”.

Can a NJ Stalking Charges get Expunged?

If you plead guilty or are found guilty of NJ stalking charges, you can expunge the arrest and conviction after a number of years.

If you are acquitted at trial, you will not have a conviction. However, you will need to expunge the “arrest” record.

If you use the Pretrial program, you will need to wait six months before you can expunge your arrest record.

It is extremely important to expunge the record of your arrest because this will pop up on any & all background checks.

If I'm convicted of NJ stalking charges, can I appeal?

Yes.

Although appeals can be expensive, it’s definitely worth the money to try.
If you feel that you didn’t get a fair trial or that certain evidence was irrelevant, an appeal is a way to go.
I highly recommend that you hire an aggressive, criminal lawyer to represent you for your appeal.
There are specific steps that must be taken to (intelligently) file an appeal.
Please do not try to do this alone, get help!

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Practice Areas

Below, you will find a few of our practice areas.

Areas We Serve

Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars.

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law

4.9

Based on 201 reviews

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Ricardo Pimentel

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Ronald Yee

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Peyrouton Law, LLC. has lifted the writer from a most serious legal issue that could have lead to incarceration as well as a very hefty fine. This attorney took immediate charge and was able to reduce the fine to one-half of the posted amount. Further at the time of first contact, Attorney Alan Peyrouton informed that within three years passing, Expungement would be -in fact- forthcoming.That time has come with Full Grant Of Expungement for which this writer will forever be grateful: a promise made and kept!!This attorney stood by this client and always available for consultation, never adding to the retainer fee paid, which also included the New Jersey State processing charge for expunging.The "Night-Mare" is over and the legal issue is erasedas if nothing happened almost three years ago.One can not go wrong by selecting this Exceptional Law Firm.Exceptional Value, Personal Service, Expertise, Professionalism, Etc. - All: Outstanding!!Respectfully submitted,Ronald Yee- Continuing Client.

Romario Guthrie

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Depressed, confused, tired, giving up was all I was doing due to my charges I got and had to face until my attorney Alan showed up… my charges was definitely gonna put me away behind close doors and more than likely deported …it took 2+ years of investigations before we’ve heard anything at all .. lawyer Peyrouton called,left messages ,emailed throughout this time until he found a status for my case … by then it was so tense where it’d be federal where it was already pending at the Supreme Court but Alan worked his wonders and got it to the municipal court (don’t ask me how ) lol … (2 charges) he always shows up for court ,keeps me updated on everything as long as he heard any news …at the end of this hectic time of my life ,Alan could of made it possible for 1 of 2 to be dismissed and the other was lowered to a little over nothing charge ….being grateful is an understatement for me cause I surely thought this was the end but with an awesome lawyer that will work in silence but diligently , u can never go wrong ! Thank you again Alan 🫶🏽

zine benyahia hadria

1694035843

Thanks for your help Mr Allen

Eugene Kong

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Thank you so much, Alan! Alan saved me from getting a felony on my record and I only ended up having to pay court fees. I will be eternally grateful to you, Sir! I recommend this man to anybody who makes a mistake or gets in trouble.

AntRipollJr

1693344102

Allen took a case for me that could have had an enormous detrimental effect on my life . I was extremely nervous, but he assured me that with his extensive experience and knowledge, that I had nothing to worry about. He also was very clear to explain the potential and harmful consequences of this infraction. He got my case dismissed. Thank you, Allen!

Jessica Richardson

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Attorney Alan G. Peyrouton has been a blessing to me. He was able to get my criminal charge dismissed on a first appearance with a low fine. Trust me, it wasn’t easy and he was quick to take on my case. Although my case was a misdemeanor, it still weighed heavy on my career, my reputation and being a divorced / single parent. Thank you Alan for your quick response and handling my case in a quickly matter. Your representation of my truthful character was solid and I will always appreciate you for that!

Orelda Williams

1693008599

Alan Peyrouton is a great lawyer. Answer calls and text messages promptly. Cares about his clients and he is a very kind person over all . My experience were awesome I will recommend others to him 😊

Vijay C

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He is very knowledgeable and polite ,impromptu whenever I called ,texted or meet him for all my doubts . Professional and trustworthy at his work

anup patil

1692151094

Very much professional in his work, always approachable and responds quickly to all the calls or messages.Very much knowledgeable and smart to his work . Never took unnecessary charges/ fees .