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 are generally filed as fourth-degree felony as discussed above.
However, you could face 3rd-degree charges if you:
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:
Consequences for violating a protective order.
If you violate a protective order, you face 18 months in prison & a $10,000.00 fine.
If you’ve been charged with stalking someone in New Jersey, you will have the following choices:
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.
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”.
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.
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!
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.
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.
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Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.
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.