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NJ Stalking Charges

NJ Stalking charges

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

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Makes a great confidant argument,and is such a comfort to have on our side!
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This guy deserves 10 stars he works and is assertive. He is a heavy weight champ in the court room BEST LAWYER EVER he worked on my girlfriend’s case and got a her a victory. He is very meticulous and orderly in his defense. This guy is outstanding. 🥊 BEST LAWYER EVER !
MetalBabe87 Metal High Priestess
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I hired Al, for a Domestic Violence Situation. In the court system. He was beyond helpful. Very open and receptive. Communication was absolute key with him. He kept me in the know every email every text message. Communication was on point!He was and is very passionate. Leads with integrity boldness and truth. I have never seen so much tenacity in person. He was beyond helpful - explaining situations in the court system that I should expect.I highly recommend him. I will recommend him to any of my clients as well. He is absolutely excellent and straightforward. Definitely pushes the envelope and applies the pressure as a true lawyer should.Once again, I will absolutely recommend him for any cases in the future. An absolutely recommend him to friends and family. I hope to work with him again under better circumstances.Thank you so much - for your patience, guidance and help. You have been absolutely wonderful to work with.
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Navigating the criminal justice system can be a daunting and intimidating experience. However, Peyrouton Law demonstrates an exceptional ability to guide clients through this complex world with the utmost professionalism. The firm embodies a comprehensive combination of knowledge, experience, tenacity, and effective representation. When my 22-year-old son, who resides in Chicago but works in New Jersey, inadvertently neglected to place his legally registered firearm in his checked luggage, he found himself facing arrest. As a mother residing in Chicago, I was overwhelmed with fear and uncertainty, being unfamiliar with New Jersey's criminal justice system. Upon reaching out to Peyrouton Law, they diligently represented my son throughout his legal challenge, alleviating my anxiety and providing much-needed reassurance. I wholeheartedly endorse and recommend this exceptional law firm.
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I am very pleased with the choice I made, when I choose Peyrouton Law Firm. Allan is such a great person and listens to you carefully and applied pressure to your case.
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