Hamilton NJ Harassment Defense Lawyer
Most harassment charges issued in Mercer County, New Jersey revolve around some form of a domestic dispute between lovers or siblings. Therefore, on top of being charged with a criminal offense, a Defendant may find themselves being served with a temporary restraining order as well. If you or a loved one has been charged with the offense of harassment in Mercer County, it is imperative that you speak to an experienced criminal defense attorney as soon as possible about your options. As you will see below, harassment is a petty disorderly persons offense, which is New Jersey’s version of a misdemeanor. If convicted, a Defendant could be facing incarceration, probation, community service, high fines and a criminal record. In addition, pursuant to the new bail guidelines which took place January 1, 2017, a Defendant charged with harassment stemming from a domestic dispute may be required to spend couple of nights in the Mercer County Jail pending a detention hearing. That hearing will determine whether a Defendant could be released pretrial or be forced to be held without bail pending trial.
Local Defense Lawyer for Harassment Charge in West Windsor
Most Defendants charged with harassment in Mercer County also find themselves facing terroristic threats, stalking, disorderly conduct, aggravated assault, simple assault and false imprisonment charges as well. If you have been charged with any of the aforementioned offenses, the Keith Oliver Criminal Law can help. Our criminal defense attorneys have extensive experience representing clients charged with harassment in courts throughout Mercer County including the Lawrence Municipal Court, the Hamilton Municipal Court, the Trenton Municipal Court, the West Windsor Municipal Court, the Hightstown Municipal Court, the Robbinsville Municipal Court, the East Windsor Municipal Court, the Princeton Municipal Court, the Ewing Municipal Court and the Hopewell Municipal Court. If you would like to come into our office and have a face to face consultation with one of our attorneys then please contact us directly at (609) 789-0799. We can be reached around the clock to help assist in any way possible. Now here is some key information on the offense of harassment.
What is the New Jersey Law for Harassment?
The governing statute in New Jersey for harassment is N.J.S.A. 2C:33-4. In essence, there are three different sections of the statute all of which cover different types of conduct. Any of which if committed by the Defendant could open them up to being charged with harassment. Since harassment is a petty disorderly persons offense the case will be litigated in the local municipal court in the municipality where the incident occurred. With that being said, an individual who resides in another town or even another State for that matter can still be charged with harassment in the municipality where the victim resides. This situation typically arises when the conduct that forms the basis of the harassment charge revolves around some form of communication, whether it be a text messages, social media message or email. Here is a breakdown of the three sections.
What are the Elements for a Harassment Charge in New Jersey?
N.J.S.A. 2C:33-4a Harassment Charges in NJ
In order to be convicted under this section, the State must prove beyond a reasonable doubt:
- That the Defendant made one or more communications anonymously, or at extremely inconvenient hours, or in offensively coarse language, or in any other manner likely to cause annoyance or alarm; and
- That the Defendant’s underlying purpose was to annoy or alarm the victim.
N.J.S.A. 2C:33-4b Harassment Charges in NJ
In order to be convicted under this section, the State must prove beyond a reasonable doubt:
- That the Defendant threatened to or did strike, kick, shove, or otherwise offensively touch the victim); and
- That the Defendant’s underlying purpose was to annoy or alarm the victim.
N.J.S.A. 2C:33-4c Harassment Charges in NJ
In order to be convicted under this section, the State must prove beyond a reasonable doubt:
- That the Defendant engaged in a course of alarming conduct or of repeatedly committed acts; and
- That the Defendant’s purpose was to alarm or seriously annoy the victim.
How to Defend Harassment Charges in New Jersey
One of the key angles that an experienced criminal defense attorney can attack is underlying intent of the Defendant. As you can tell, it must be proven beyond a reasonable doubt that the Defendant acted with the underlying purpose to alarm or annoy the victim. If you have been charged with harassment in Mercer County and would like a free consultation then please contact our office directly at (609) 789-0779.
Harassment Offenses are Classified as a Misdemeanor in New Jersey
Harassment is a petty disorderly persons offense. A petty disorderly persons offense is the lowest degree of a criminal offense in the New Jersey Criminal Code. With that being said, this is still a criminal offense and if convicted, a Defendant could be sentenced up to thirty (30) days in the Mercer County Jail, fined up to $500, issued fees and assessments totaling $125, community service, probation and a criminal record.
Harassment Charges Form the Basis for a TRO in Mercer County
If the incident of harassment falls under New Jersey’s Domestic Violence Prevention Act the alleged victim could petition the Court for a Temporary Restraining Order. If this occurs, the defendant would have to defend the allegations in TRO at a final restraining order hearing. This hearing will be in addition to the criminal charges despite the fact that it involves not only the same parties but also the same set of facts. For more information on domestic violence harassment charges in Mercer County, please click the link. For additional information on how to defend a TRO in Mercer County, please checkout our Final Restraining Order Hearing practice area.
Contact a Harassment Defense Attorney Today in East Windsor NJ
As you can tell from reading above, this offense is rather serious and if not handled properly it could have lifelong consequences. If you or a loved one has been charged with a criminal offense like harassment, stalking, shoplifting, simple assault or served with a temporary restraining order the attorneys at Keith Oliver Criminal Law can help. Our office serves all of Mercer County including towns like Lawrence, Hightstown, East Windsor, Ewing, Trenton, West Windsor, Robbinsville and Pennington. If you would like to come into our office for a free initial consultation then please contact us directly at (609) 789-0779. We are available around the clock.