Unfortunately, a conflict-ridden relationship can meet a messy demise, and stalking and harassment allegations are all-too-common after contentious divorces and break-ups. Often, these criminal charges are issued in coordination with restraining orders and may cause significant problems for those accused. Moreover, stalking cases are seldom cut-and-dry and these offenses are subject to significant interpretation. What may be perceived as threatening behavior by the alleged victim could be an over-dramatization or simply a misinterpretation. Regardless of the story behind the accusation, it is essential to thoroughly guard your interests. With the assistance of a qualified and aggressive legal advocate, you can ensure that your life is not negatively impacted by a personal vendetta or false claim.
At The Law Offices of Jonathan F. Marshall, our attorneys assist thousands of clients whose reputations, relationships, and futures are put at risk as a result of stalking allegations. With over 100 years of combined experience, our talented team, which includes former County and Municipal prosecutors, will work to secure you a desirable outcome. Vindication comes in many forms, and at our firm, we ensure the quality of our service with your satisfaction. To speak with one of our knowledgeable legal professionals, contact our offices anytime. We are available 24/7 to assist you.
Stalking Charges in New Jersey: N.J.S.A. 2C:12-10
According to section N.J.S.A. 2C:12-10 of the New Jersey Criminal Code, the law regarding stalking is as follows:
- 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 bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family.
- 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.
NOTE: This act does not apply to conduct which occurs during organized group picketing.
Contact our Montgomery Twp. NJ Stalking Defense Lawyers to Discuss Your Case
The consequences of a stalking conviction can be severe, with the specific sentencing guidelines dictated by the degree of these charges. A fourth degree charge for stalking may expose you to an 18-month term of imprisonment, while a third degree stalking charge is punishable by a term of incarceration ranging from 3 to 5 years.
Regardless of the degree of the stalking charges, the State must establish that you repeatedly (on 2 or more occassions) engaged in behavior (watching, following, threatening) that placed another person or his or her immediate family (spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household) in reasonable fear for their safety. Fortunately, a skilled defense attorney can craft a multitude of strategies to undermine the cogency of these arguments. Contact The Law Offices of Jonathan F. Marshall to learn more.