Facing charges for harassment or disorderly conduct in Union, New Jersey, can be a distressing experience. While sometimes perceived as minor offenses, convictions can lead to a criminal record, fines, potential jail time, and other lasting consequences. Understanding your rights and the nature of these charges is the first step toward a strong defense.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, offers experienced and dedicated legal representation for individuals facing these and other criminal charges in Union Township Municipal Court and Union County Superior Court. This page provides important information about harassment and disorderly conduct offenses in New Jersey.

Understanding Harassment Charges in Union, NJ (N.J.S.A. 2C:33-4)

In New Jersey, a person commits harassment if, with the purpose to harass another, they:

• Make or cause communications anonymously, at extremely inconvenient hours, in offensively coarse language, or in any other manner likely to cause annoyance or alarm. This can include phone calls, text messages, emails, or social media posts.   
• Subject another to striking, kicking, shoving, or other offensive touching, or threaten to do so. Even if no physical injury occurs, offensive touching can qualify.
• Engage in any other course of alarming conduct or repeatedly committed acts with the purpose to alarm or seriously annoy such other person. This can cover a range of repeated behaviors intended to cause distress.   
  
   

It’s crucial to note that the prosecution must prove the defendant acted with the “purpose to harass.” Simply annoying someone is not enough; the intent behind the actions is a key element.

Understanding Disorderly Conduct Charges in Union, NJ (N.J.S.A. 2C:33-2)

Disorderly conduct in New Jersey generally involves behavior that disrupts public order. A person is guilty of this offense if, with the purpose to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, they:

• Engage in improper behavior: This includes fighting, threatening, or engaging in violent or tumultuous behavior. Creating a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor also falls under this category.   
  
   
• Use offensive language: This involves, in a public place, addressing unreasonably loud and offensively coarse or abusive language to any person present, with the purpose to offend or in reckless disregard of the probability of doing so. The language must be likely to provoke an immediate breach of the peace.

The conduct must occur in “public,” meaning a place to which the public or a substantial group has access.

Potential Penalties for Harassment & Disorderly Conduct in New Jersey

Both harassment and disorderly conduct are typically graded as petty disorderly persons offenses in New Jersey. However, harassment can be elevated under certain circumstances.

• Harassment (Petty Disorderly Persons Offense):
  
  • Fines: Up to $500.
  • Jail Time: Up to 30 days in county jail.
  • Criminal Record: A conviction results in a permanent criminal record, which can impact employment, housing, and other opportunities.
  • Potential Restraining Orders: If the harassment occurs in a domestic violence context, it can be a basis for a temporary or final restraining order.
• Harassment (Fourth-Degree Crime):
  
  • Harassment is upgraded to a fourth-degree crime if the defendant commits the offense while serving a term of imprisonment or while on parole or probation for a previous indictable (felony-level) offense, or if the defendant has a prior conviction for harassment against the same victim (under specific stalking-related provisions).
  • Fines: Up to $10,000.
  • Jail Time: Up to 18 months in state prison.
• Disorderly Conduct (Petty Disorderly Persons Offense):
  
  • Fines: Up to $500.
  • Jail Time: Up to 30 days in county jail.
  • Criminal Record: A conviction leads to a permanent criminal record.

Common Defenses

An effective defense against harassment or disorderly conduct charges requires a thorough examination of the facts and an understanding of New Jersey law. Common defense strategies include:

For Harassment Charges:

• Lack of Intent: Arguing that the actions were not done with the “purpose to harass” the alleged victim. Actions might have been misinterpreted, or there may have been a legitimate, non-harassing purpose.
• Constitutionally Protected Speech: In cases involving communications, arguing that the speech is protected under the First Amendment and does not rise to the level of criminal harassment.
• Conduct Not Meeting Statutory Definition: Demonstrating that the alleged conduct does not fit the specific legal definitions of harassment (e.g., communication was not “offensively coarse” or at “extremely inconvenient hours,” or conduct was not “alarming” or “seriously annoying”).
• False Accusations/Credibility Issues: Investigating the accuser’s motives and credibility, especially in disputes arising from personal conflicts or contentious relationships.
• De Minimis Infraction: Arguing that the conduct, even if it technically occurred, was too trivial to warrant criminal prosecution.

For Disorderly Conduct Charges:

• Conduct Not “Improper” or “Offensive”: Challenging the assertion that the behavior or language met the legal threshold for disorderly conduct.
• No Public Inconvenience, Annoyance, or Alarm: Demonstrating that the conduct did not occur in a “public” place as defined by law, or that it did not actually cause or was not likely to cause public inconvenience, annoyance, or alarm.
• Private Dispute: Arguing that the incident was a private matter and did not impact the public.
• Self-Defense: If the charge involves fighting, demonstrating that the actions were taken in self-defense or defense of others.
• Free Speech/Vagueness: For language-based charges, arguing that the speech was constitutionally protected or that the statute is being applied too vaguely.

How Brett M. Rosen, Esq. Can Help with Your Union, NJ Charges

Facing harassment or disorderly conduct charges in Union Municipal Court requires experienced legal guidance. Brett M. Rosen, Esq. can provide:

• Thorough Case Analysis: Reviewing all evidence, including police reports, witness statements, and any communications.
• Strategic Defense Planning: Identifying the strongest legal defenses applicable to your specific situation.
• Negotiation with the Prosecutor: Seeking a dismissal of the charges, a downgrade to a non-criminal local ordinance violation (which avoids a criminal record), or significantly reduced penalties.
• Courtroom Advocacy: Representing you in all court appearances in Union Municipal Court (981 Caldwell Ave, Union, NJ 07083) or Union County Superior Court if the charge is indictable.
• Protection of Your Rights: Ensuring your constitutional rights are upheld throughout the legal process.
• Guidance on Related Matters: Advising on potential collateral consequences, such as the impact on restraining orders or employment.

Frequently Asked Questions (FAQs) – Harassment & Disorderly Conduct in Union, NJ

Q: What’s the main difference between harassment and disorderly conduct? A: Harassment typically involves conduct directed at a specific person with the intent to harass them (e.g., repeated unwanted calls, threats, offensive touching). Disorderly conduct focuses on behavior that disturbs public peace and order (e.g., public fighting, unreasonably loud and offensive language in public). While there can be overlap, the intent and the public nature of the conduct are key distinctions.

Q: Can I go to jail for a harassment or disorderly conduct charge in Union? A: Yes. Both are typically petty disorderly persons offenses, carrying a maximum potential sentence of up to 30 days in jail. If harassment is upgraded to a fourth-degree crime, the potential jail time increases to up to 18 months. While not always imposed, jail is a possible penalty.

Q: Will a conviction for these offenses give me a criminal record in New Jersey? A: Yes. A conviction for either harassment or disorderly conduct as a petty disorderly persons offense (or a higher-degree crime) will result in a permanent criminal record. This can have long-term consequences for employment, education, and housing.

Q: My ex-partner accused me of harassment in Union during a bad breakup. What should I do? A: Do not contact your ex-partner. Preserve any evidence you have (texts, emails, etc.) that might provide context. Most importantly, contact an experienced criminal defense attorney like Brett M. Rosen, Esq. immediately. False accusations or misunderstandings are common in these situations, and an attorney can help protect your rights and present your side of the story.

Q: I was just being loud with friends in public in Union, and now I have a disorderly conduct ticket. Can that be a real charge? A: Potentially, yes. If your language was found to be “unreasonably loud and offensively coarse or abusive” and it was uttered in public with the purpose to offend or with reckless disregard for offending others, and was likely to cause public inconvenience, annoyance, or alarm, it could lead to a disorderly conduct charge. An attorney can help assess if your conduct met the legal standard.

Q: How can an attorney help me with these types of charges in Union Municipal Court? A: An attorney can review the evidence against you, identify weaknesses in the prosecutor’s case, negotiate for a dismissal or a downgrade to a non-criminal offense (like a local ordinance violation, which avoids a criminal record), or represent you at trial. They understand the local court procedures and can advocate for the best possible outcome.

Q: What if the accusations against me are completely false? A: This is a critical defense. An attorney can help you gather evidence to support your claim of false accusation, challenge the credibility of the accuser, and present a strong defense to the court.

Don’t Face These Charges Alone

Harassment and disorderly conduct charges in Union, NJ, should not be taken lightly. A conviction can have a lasting negative impact. Seeking the advice and representation of a knowledgeable criminal defense attorney is crucial.

If you or someone you know is facing harassment or disorderly conduct charges in Union, New Jersey, contact Brett M. Rosen, Esq. today for a free and confidential consultation to discuss your case and learn how he can protect your rights. 908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This webpage contains general information for informational purposes only and does not constitute legal advice. The information provided is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Attorney Advertising. Brett M. Rosen, Esq. is licensed to practice law in New Jersey and New York. Past performance or outcomes in any case do not guarantee a similar outcome in future cases. If you are facing criminal charges, you should seek consultation with a qualified attorney in your jurisdiction to discuss the specific facts and circumstances of your situation.