Elizabeth NJ Stalking Offense Defense Attorney
A stalking offense arises when pursuit of another person goes beyond what is reasonable. The New Jersey Stalking Law is designed to combat repetitive conduct or monitoring that is harassing or threatening. If you were accused of stalking an ex boyfriend/girlfriend/spouse or some other individual, you are now facing a felony criminal offense that can land you in state prison. Hiring a skilled defense attorney is probably the best thing you can do to insure that this unfortunate situation does not mushroom into a life-altering event. The attorneys at the Union Township office of the Law Offices of Jonathan F. Marshall have the qualities you need. We are former prosecutors with over 100 years of combined experience that make up one of the state’s largest criminal defense firms. Our lawyers defend stalking arising anywhere in Union County, including in Elizabeth, Cranford, Union Township, Westfield and Roselle. You certainly would be well served in contact us given that initial consultations are free of charge. A lawyer is available 24/7 at 908-272-1700 to assist you.
When Is A Person Guilty Of Stalking In Union County Or Elsewhere in New Jersey?
As is the case with all other prohibited acts in New Jersey, the Union County prosecutor must prove certain facts before a judge or jury can convict you of stalking. In accordance with N.J.S.A. 2C:12-10, the prosecutor must prove that the defendant purposefully or knowingly engaged 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. The term “repeatedly” is defined as two or more occasions; the term “emotional distress” means significant mental suffering or distress; and the phrase “cause a reasonable person to fear” means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.
Third Degree Stalking v. Fourth Degree Stalking
At its core, stalking is an indictable crime of the fourth degree. However, depending on the circumstances surrounding the alleged stalking incident, a charge for stalking may be enhanced to an indictable crime of the third degree. These enhanced circumstance arise if the accused commits the violation and: (1) the stalking is in violation of an existing court order prohibiting the behavior; (2) it is second or subsequent offense of stalking against the same victim; or (3) is serving a term of imprisonment or is 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.
Will I Go To Prison in Union County For Stalking?
Possibly. Stalking convictions in New Jersey always carry the possibility of imprisonment. IN particular, stalking in the third degree exposes a defendant to a prison term between three (3) and five (5) years. Alternatively, if convicted of stalking in the fourth degree, the defendant will face up to eighteen (18) months in prison.
Union NJ Stalking Lawyer
An experienced defense attorney has the ability to successfully defend the stalking charge, secure a non-custodial sentence or even Pretrial Intervention. To take the first step in arming yourself with a skilled lawyer, contact the Law Offices of Jonathan F. Marshall. Our lawyers will do what it takes to provide you with the greatest chance of defeating the offense that was filed against you in Roselle Park, Linden, Springfield, Hillside, Scotch Plains or another Union County municipality. Attorneys are available immediately for free consultation by calling 908-272-1700.
