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Middlesex County Criminal Defense Lawyer

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Stalking

New Brunswick Stalking Offense Defense Lawyers

If you are facing stalking charges in New Jersey, the criminal defense lawyers at the Law Offices of Jonathan Marshall can help. Our experienced criminal attorneys represent individuals throughout Middlesex County, including Edison and Pisactaway, who have been charged with stalking. Please contact our office, at 732-246-7126, anytime for a free initial consultation.

New Jersey Stalking Law: N.J.S.A. 2C:12-10

§ 2C:12-10. Definitions; stalking designated a crime; degrees

a. As used in this act:

(1) “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.

(2) “Repeatedly” means on two or more occasions.

(3) “Immediate family” means a 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.

b. 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.

c. 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.

d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.

e. 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.

f. This act shall not apply to conduct which occurs during organized group picketing.

Penalties For Stalking Under N.j.S.A. 2C:12-10

As the above law outlines, stalking is typically a Fourth Degree Offense unless certain circumstances exist which enhance the charge to a Third Degree Offense. In either instance, the offense is indictable in nature and represents a felony. The jail exposure if someone is convicted of fourth degree stalking is eighteen (18) months. A third degree carries a maximum period in jail of five (5) years. The fine can reach $10,000 for a fourth degree and $15,000 for a third degree. It is important to keep in mind that beyond the risk of jail and a sizable fine, an individual convicted for stalking will have a felony criminal record. The experienced criminal defense attorneys at the Law Offices of Jonathan Marshall know how to negotiate with the prosecutor’s office and the victim in a stalking case to see if the charges may be downgraded or dismissed altogether. Please contact our Woodbridge, East Brunswick or New Brunswick Office for a free initial consultation. We are available at 732-246-7126 for immediate assistance.