Elizabeth, NJ Cyber Harassment Lawyer

In the digital age, harassment has taken on a new form – cyber harassment. This form of harassment, which occurs online via electronic devices or social networking sites, is a serious criminal offense in New Jersey. It can carry months of jail or prison time, as well as a $10,000.00 fine. The law is codified under New Jersey Statute 2C:33-4.1. Cyber harassment is usually charged with harassment, stalking, burglary, terroristic threats, and disorderly conduct. If you or a loved one is facing a cyber harassment charge here in New Jersey, it is imperative that you speak with an attorney to discuss your case right away. If you are seeking legal representation for a harassment charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding cyber harassment charge in New Jersey, as well as some common defenses that may be available to you.

Definition of NJ Cyber Harassment Charge

According to the New Jersey Revised Statutes Section 2C:33-4.1, a person commits the crime of cyber harassment if they make one or more online communications with the intent to harass another person. This can involve:

1. Threatening to inflict injury or physical harm to any person or their property.
2. Knowingly sending, posting, commenting, requesting, suggesting, or proposing any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm.
3. Threatening to commit any crime against the person or the person’s property.

Penalties for Cyber Harassment in New Jersey

Cyber harassment is typically a crime of the fourth degree. However, if the offender is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber harassing a minor, it is considered a crime of the third degree.

A conviction for the fourth-degree offense of cyber harassment can result in a fine of up to $10,000 and up to 18 months in prison. A third-degree offense carries up to 5 years in prison and a maximum fine of $15,000.

Additional Penalties for Minors

If a minor under the age of 16 is adjudicated delinquent for cyber harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete a class or training program intended to reduce the tendency toward cyber-harassment behavior or bring awareness to the dangers associated with cyber harassment.

If the parent or guardian of the minor child that was adjudicated delinquent for cyber harassment who fails to with the court order imposition is on the hook for a disorderly persons charge. A first offense carries a fine of up to $100. A subsequent offense carries a fine for up to $500. Keep in mind a disorderly persons conviction results in having a criminal record. Finally, a parent or guardian of the minor child demonstrates willful or  wanton disregard in exercising supervision and control of the minor child’s conduct that was adjudicated delinquent, then the parent or guardian may be liable for a civil action.

Difference between Cyber Harassment & Harassment

According to the New Jersey Revised Statutes, harassment and cyber-harassment are both criminal offenses that involve communicating with the intent to harass another person. However, there are some key differences between them:

• Harassment can occur through any form of communication, such as speech, gestures, or writing, while cyber-harassment requires the use of an electronic device or a social networking site.
• Harassment can include making or causing 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. Cyber-harassment does not include these elements, but instead focuses on threats of harm, lewd or indecent messages or materials, or threats of crime.
• Harassment is usually a petty disorderly persons offense. Cyber-harassment is a fourth degree crime, unless the offender is 21 or older and impersonates a minor to harass a minor, in which case it is a third degree crime.

If you are facing harassment or cyber-harassment charges in New Jersey, you should consult with a criminal defense lawyer to understand your rights and options.

Defenses to Cyber Harassment Charge in New Jersey

There are several possible defenses for a cyber harassment charge in New Jersey, depending on the facts and circumstances of the case. Some of the common defenses are:

• Free speech. The defendant may argue that their online communication was protected by the First Amendment and did not constitute harassment. This defense may apply if the communication was not threatening, obscene, or intended to cause emotional harm.
• Mistaken identity. The defendant may claim that they were not the person who sent or posted the harassing communication, or that their electronic device or account was hacked, stolen, or used by someone else without their permission.
• Lack of intent. The defendant may contend that they did not act with the purpose of harassing the victim, or that they did not know or have reason to know that their communication would cause fear or distress to the victim.
• Consent. The defendant may assert that the victim consented to receive the communication, or that the communication was part of a mutual exchange or a joke between the parties.

These are not the only defenses that may be available for a cyber harassment charge in New Jersey, and each case is unique and requires a careful analysis of the evidence and the law. Therefore, it is advisable to consult with a criminal defense lawyer who can evaluate your situation and advise you on the best course of action.

Pretrial Intervention

Pretrial intervention (PTI) is a program that allows certain defendants to avoid a criminal conviction by completing certain conditions, such as counseling, supervision, or community service. PTI is generally for first-time offenders who are facing indictable charges, such as cyber-harassment.

However, PTI is not automatically granted to anyone who applies. The prosecutor and the court have to approve the application, and they may consider factors such as the nature of the offense, the facts of the case, the victim’s consent, and the defendant’s motivation and age. PTI is usually not available for serious or violent crimes, such as aggravated assault, sexual assault, or any crime that falls under the domestic violence protection act.

Therefore, PTI may be available for someone charged with cyber-harassment in New Jersey, depending on the circumstances of the case and the discretion of the prosecutor and the court. It is advisable to consult with a criminal defense lawyer to understand the eligibility and the process of applying for PTI.

Domestic Violence & Cyber Harassment in New Jersey

Domestic violence is a term that covers various crimes committed by one person against another in a domestic or intimate relationship, such as spouses, partners, parents, or children. Cyber harassment is a specific crime that involves using an electronic device or a social networking site to communicate with the intent to harass another person, such as by threatening, sending lewd or obscene messages, or impersonating a minor.

Domestic violence and cyber harassment charges are not mutually exclusive. A person can be charged with both if they commit cyber harassment against someone who is in a domestic or intimate relationship with them. However, domestic violence charges may have additional consequences, such as:

• The victim can seek a restraining order against the offender, which can limit their contact, movement, and access to certain places or property.
• The offender may face enhanced penalties if they violate the restraining order or have a prior history of domestic violence.
• The offender may lose their right to possess firearms or other weapons, and may have to surrender any weapons they own or have access to.

Both domestic violence and cyber harassment charges are serious and can have lasting effects on the offender’s reputation, career, and personal life. Therefore, it is advisable to consult with a criminal defense lawyer who can help you understand your rights and options.

Frequently Asked Questions (FAQs) 

1. What constitutes cyber harassment in New Jersey?

   • People often ask what behaviors are considered illegal under New Jersey’s cyber harassment laws. The law (Section 2C:33-4.1) specifies that using electronic communication to harass, threaten, or intimidate someone is illegal.

2. What are the penalties for cyber harassment?

   • Individuals are curious about the potential punishments for cyber harassment. In New Jersey, it’s a fourth-degree crime, which can result in up to 18 months in prison and a fine of up to $10,000.

3. How is cyber harassment proven in court?

   • Questions frequently arise about what evidence is needed to prove cyber harassment. The state must demonstrate that the defendant made unwanted communication with the intent to harass, among other elements.

4. Can cyber harassment charges be elevated?

   • People ask if certain factors can lead to more severe charges. Yes, the severity can increase if the victim is a minor or if the defendant has a prior criminal record.

5. What defenses are available against cyber harassment charges?

   • Those accused often seek information on how to defend themselves against these charges. Legal defenses may include challenging the evidence or proving the lack of intent to harass.

6. Are there any educational programs for offenders?

   • There’s interest in whether offenders, especially minors, can attend educational programs instead of facing harsher penalties. Courts may order minors to complete a class or training program to reduce cyber harassment behavior.

Top-Notch Cyber Harassment Attorney in New Jersey

Cyber harassment is a serious offense in New Jersey, carrying significant penalties. It’s crucial to understand the law and the consequences of violating it. If you or someone you love is facing charges of cyber harassment, it’s recommended to seek legal counsel right away. There are many reasons why you should hire New Jersey criminal defense lawyer Brett M Rosen to defend you on your cyber harassment charge. Here are some of them:

• He is an experienced and skilled lawyer who specializes in criminal defense and personal injury cases.
• He has been recognized as one of the top criminal defense attorneys of 2023 and has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
• He has handled some high-profile cases involving celebrities and reality stars, and has a proven track record of success in securing favorable outcomes for his clients.
• He is passionate, dedicated, and assertive in representing his clients, and will fight for your rights and interests in court.
• He offers video calls and free consultations, and has offices in multiple locations in New Jersey for your convenience.

If you are looking for a competent, reputable, and trustworthy lawyer to defend you on your cyber harassment charge, you should consider hiring Brett M Rosen. 

Contact our office today to discuss your cyber harassment charge.