Stalking is a form of unwanted contact or communication with someone else. It can include, for example, following an ex to the office where they work or incessantly texting them late at night. In New Jersey, stalking is an indictable criminal offense, subject to significant penalties, including a prison sentence.
If you are charged with stalking in New Jersey, you need a stalking defense attorney to help you understand the charges against you, investigate the circumstances that led to the charges, craft a strong defense, and seek the most favorable outcome possible.
Contact Keith Oliver Criminal Law now for a free and confidential consultation to discuss how our criminal defense law firm can fight for you.
What Is Stalking Under New Jersey Law?
New Jersey law defines stalking as knowingly engaging in a course of conduct directed at a specific person in a manner that would cause a reasonable person to fear for their safety or that of others or to suffer other emotional distress.
Understanding what “course of conduct” means can help determine whether stalking has occurred. New Jersey law considers repeatedly maintaining visual or physical proximity to a person or communicating with or harassing them through a family member or friend, texting, social media, or email to be among the types of behavior that could lead to a stalking charge.
Examples of stalking include the following:
- Tracking someone’s location in person or by electronic means
- Damaging their personal property, such as vandalizing their car
- Sending threatening text messages, including to the person’s family members or friends
- Sending other unwanted communication through emails, letters, or gifts
If you take such actions two or more times, causing the alleged victim to experience fear, emotional suffering, or distress, sufficient grounds for a stalking charge may exist.
Penalties for Stalking in New Jersey
In New Jersey, stalking is classified as either a fourth- or third-degree indictable offense. If your alleged actions satisfy the definition above, you may be charged with stalking as a fourth-degree crime, which carries an 18-month prison sentence. However, if you were on parole or probation or in violation of a protection order when charged with stalking, it would be considered a third-degree crime, carrying a prison sentence of up to five years. Similarly, if the alleged act of stalking is your second act of stalking against the same person, you may be charged with a third-degree crime.
Defense Strategies for Beating a Stalking Charge
If you are facing stalking charges in New Jersey, regardless of the degree of the offense, you likely want to know how to beat a stalking charge. To develop the defense strategy that best applies to your case, your attorney will thoroughly analyze the facts and circumstances that led to your stalking charge.
Some examples of potential defenses your attorney may assert in your case include:
- Lack of intent – If your attorney can establish that you did not intend to upset the alleged victim with your actions, your stalking charge could be reduced to harassment.
- Mistaken identity – If you, with the assistance of your attorney, can provide alibi evidence proving you were not at the location where the alleged victim claims the crime occurred or did not have access to your phone if the allegations are related to texting or social media, you may be able to avoid a conviction.
- False accusations – Sometimes, a relationship can break down to the point that one person will make false claims against a former partner in an attempt to get them in trouble with the law. If you have evidence to support that the accusations of stalking are false, meaning they were simply made up, you may be able to beat the charges.
- Violation of legal procedures – If the purported evidence against you was obtained by unlawful means, such as through an illegal search and seizure to get evidence on your phone or in your vehicle, your attorney could argue the charges must be dismissed.
How a New Jersey Criminal Defense Lawyer Can Help with Stalking Charges
An experienced New Jersey criminal defense attorney understands how stressful it is to face criminal charges, especially when prison time is a potential penalty. You can be confident your lawyer will work hard and seek your best outcome as they guide you through the stages of the criminal justice system.
After retaining an attorney, you can expect them to develop your defenses by taking the following steps:
- Gathering evidence – Your lawyer may interview witnesses who can support your case. They will review the texts, emails, and social media posts that purportedly constitute stalking and any responses from the alleged victim.
- Developing arguments – Sometimes, the crux of a stalking case is the alleged victim’s fear or emotional distress related to your actions. Your lawyer may argue that your behavior was not intended to threaten the victim or that they misinterpreted your actions.
- Negotiating with the prosecutor – Depending on the circumstances of the case, your lawyer may be able to negotiate a plea deal with the prosecutor, resulting in lesser charges or penalties.
- Representing you in court – If your case cannot be resolved through a plea deal, you can expect your lawyer to vigorously represent you in court, presenting arguments in your defense and advocating for your rights.
A stalking conviction carries serious criminal penalties and can harm your reputation. If you are facing charges, it’s best to work with an experienced criminal defense attorney who can guide you through the legal process and help obtain your most favorable outcome.
Contact Our NJ Stalking Defense Attorney Today
If you have been charged with stalking in New Jersey, you need a Freehold criminal defense lawyer from Keith Oliver Criminal Law to help protect your rights and fight for your freedom. With an attorney from our firm, you will receive the strong legal advocacy you need. We understand that facing stalking charges is a challenging and frightening experience, and we want you to know that you don’t have to go through this alone. We will work hard to build a strong defense for you.
Contact our office today to get started fighting for your future by speaking with an experienced criminal defense attorney in a free consultation.
