Charged with Harassment in Scotch Plains New Jersey
There are approximately 500 criminal charges processed by the Scotch Plains Municipal Court annually with many of these offenses involving harassment. Whether the result of a communication via text, telephone call, email or a face-to-face encounter, a Scotch Plains harassment offense has the ability to alter your life. A conviction results in a record that will follow you around for years and there is also the potential for incarceration at the time of sentencing. The Law Offices of Jonathan F. Marshall has a staff of attorneys that have extensive experience defending harassment and other disorderly persons offenses in Scotch Plains and other towns in Union County. A defense lawyer who is an ex-prosecutor that has defended countless harassment charges is here at our firm to help you. Call us at 908-272-1700 to speak to an attorney who has the ability to formulate the best strategy to avert a conviction. Lawyers are available around the clock to come to your assistance.
Plainfield NJ Harassment Offense
Every Plainfield NJ Harassment Offense is predicated on someone allegedly violating N.J.S.A. 2C:33-4. This law provides that:
Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
d. (Deleted by amendment, P.L.2001, c.443).
e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.
The pivotal thing to keep in mind when apply 2C:33-4 to your set of facts is that you can only be convicted for harassing someone if your conduct was purposeful. You must have possessed a conscious object to harass the victim in order for a violation to be sustained in Scotch Plains Municipal Court. An individual cannot be found guilty of harassment unless the prosecutor establishes intent.
Domestic Violence. It is important to keep in mind that harassment, simple assault in Scotch Plains, or any number of other criminal offenses can provide the basis for domestic violence when the victim is someone protected under N.J.S.A. 2C:25-18. When this is the case, the accused can not only be subject to a disorderly persons offense or other charge in criminal court but also a restraining order which bars him/her from any contact with the victim until a final restraining order hearing is completed.
Penalties for Harassment. There are many penalties that may be imposed if you are found guilty of a Scotch Plains harassment offense including:
- Fine of up to $500
- Probation
- Driver’s license suspension
- Counseling
- Restitution
- Up to 30 days in jail
You should also know that someone convicted of harassment will have a criminal record that cannot be expunged for a minimum of 5 years.
Scotch Plains Harassment Attorney
A harassment attorney at the Law Offices of Jonathan F. Marshall can provide a comprehensive defense so that you have every chance of escaping a finding of guilt. Our lawyers utilize decades of experience representing clients on charged with disorderly persons offenses like harassment and simple assault in Scotch Plains. If you were charged with harassment and want to discuss your case with a skilled lawyer, contact us anytime 24/7. Attorneys are available now at 908-272-1700.