Although an individual’s right to free speech in Highland Park NJ is protected by the first amendment, there are circumstances where they can be overly offensive or unreasonably alarming and can result in a charge known as harassment. This offense is extremely similar to disorderly conduct with the distinction between the two essentially being that the victim of harassment is a specific individual as opposed to the public.
Do not make the mistake of so many who have been charged with harassment in Highland Park of believing that this is something other than a serious criminal charge. You will most certainly have a record and face penalties in Highland Park Municipal Court that include jail so having the best lawyer you can find to defend a harassment offense is important to protecting your future.
A collateral consequence of this charge is that it is also considered domestic violence when it is committed against someone protected by the NJ Domestic Violence Prevention Act. If your case falls within this law and you have been served with a restraining order, your need for a savvy attorney is even greater since you are not only exposed to a criminal charge but also a family court hearing to decides whether your temporary restraining order shall become final and permanent.
The lawyers at The Law Offices of Jonathan F. Marshall have handled hundreds and possibly thousands of harassment charges over their 100 plus years of combined practice. In most cases, our attorneys have also prosecuted these types of charges since our team includes five former prosecutors, including those who have served at the county and municipal level in Middlesex County. We can help you fight your harassment charge and get the case either dismissed or downgraded to a non-criminal offense. To speak to a Highland Park harassment defense lawyer at our firm immediately, contact our New Brunswick Office for a free consultation at 732-246-7126.
Harassment Offense in Highland Park New Jersey
Under N.J.S.A. 2C:33-4, Highland Park harassment offense is typically a petty disorderly persons offense. A Highland Park harassment offense usually falls within the jurisdiction of the Highland Park Municipal Court. This court is located at 221 S. Fifth Avenue, Highland Park, NJ 08904. The telephone number for the Court Administrator, Tracey Horan, and her staff is (732) 777-6010.
When someone is sentenced by the municipal court judge in Highland Park for a petty disorderly persons offense of harassment, the are subject to a fine of up to $500, the possibility of 30 days in jail, probation, community service, counseling and/or a driver’s license suspension.
In order to convict someone of harassing another in violation of 2C:33-4, the prosecutor must prove that the accused engaged in conduct intended to harass the victim under the following three circumstances:
- Communicates anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
- Strikes, kicks, shoves, or otherwise offensively touches, or threatens to do so; or
- A course of alarming conduct or of repeated acts with purpose to alarm or seriously annoy.
As you can see, unlike a simply assault or an aggravated assault charge in Highland Park, there is no requirement of bodily injury to convict. The pivotal element here is instead an intent or purpose to harass the victim. A skillful attorney can often direct his/her focus on this crucial requirement to successfully defend a harassment charge.
Harassment charges are sometimes the result of a dispute between neighbors or acquaintances who don’t like each other. The problem typically begins as little misunderstanding or disagreement and then gets worse, often progressing to name-calling, insults, threats, and other aggressive behavior intended to upset or get under each other’s skin.
Harassment charges can also arise out of disputes between domestic partners or family members who have to live together but don’t get along. Often, other family members often get involved and before you know it, you have a huge conflagration with accusations, insults, and threats being made from both sides.
Harassment can be physical and include actual physical touching and actions that are threatening, humiliating or otherwise offensive. However, it’s generally easier for a person to make an obscene remark to another over the telephone, by email, or by text message than it is to do in person. So, the most common forms of harassment are those that take place electronically.
Highland Park Harassment Defense Attorney
If you are facing a 2C:33-4 charge in Highland Park, New Jersey, you need the skill and expertise of a seasoned harassment defense attorney to help you successfully defend the charge and avoid the fines, jail time, and a criminal record that a conviction can bring. Contact our firm to speak to a highly knowledgeable lawyer immediately. The team of former prosecutors and accomplished criminal attorneys at the Law Offices of Jonathan F. Marshall are ready to fully explore the facts and circumstance of your case in a free initial consultation. Call us at 732-246-7126 for a free consult with one of our lawyers now.
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