Harassment Attorney Union County, NJ

Harassment Attorney Union County, NJ

The digital age has made communication easier than ever, but it has also opened the door to new forms of harassment and cyber-harassment. If you have been accused of harassment or cyber harassment in Union County, New Jersey, you’re facing serious charges with potential consequences that can significantly impact your life. Whether it’s an accusation of stalking, cyberbullying, revenge porn, or online threats, you need an experienced and aggressive legal advocate to protect your rights and reputation.

Brett M. Rosen, Esq., is a leading criminal defense law firm in New Jersey with a proven track record of success in defending clients against harassment and cyber harassment charges in Union County. We understand the intricacies of these complex and evolving laws, and we have the expertise to navigate the legal system and build a strong defense on your behalf.

Understanding Harassment and Cyber Harassment Laws in New Jersey

Harassment

Under New Jersey law (N.J.S.A. 2C:33-4), harassment occurs when a person, with the purpose to harass another:

• Communicates in a manner likely to cause annoyance or alarm: This can include repeated phone calls, texts, emails, or social media messages that are threatening, obscene, or otherwise intended to cause distress.
• Subjects another to offensive touching or threatens to do so: This includes physical contact or threats of physical harm with the intent to harass.
• Engages in any other course of alarming conduct or repeatedly committed acts with the purpose to alarm or seriously annoy: This is a broad category that can include stalking, following, or other behaviors that cause fear or distress.

Cyber Harassment

Cyber harassment, a specific form of harassment, is defined in N.J.S.A. 2C:33-4.1 and involves using electronic communications to:

• Threaten to inflict injury or physical harm on the victim or their property.
• Knowingly send, post, or make available content that depicts the victim in a state of nudity or engaged in sexual activity without their consent.
• Repeatedly send, post, or make available offensive content to or about the victim.
• Threaten to commit any crime against the victim.

Why Harassment and Cyber Harassment Charges Are Serious

These charges are not to be taken lightly. A conviction can lead to:

• Jail Time: Harassment can be charged as a petty disorderly persons offense (up to 30 days in jail) or a fourth-degree crime (up to 18 months in prison) depending on the circumstances. Cyber harassment can be charged as a fourth-degree crime or a third-degree crime in certain circumstances.
• Fines: You could be fined up to $1,000 for a petty disorderly persons offense, or up to $15,000 for a fourth-degree crime.
• Restraining Orders: The court may issue a restraining order against you, prohibiting you from contacting the alleged victim.
• Criminal Record: A harassment conviction will result in a permanent criminal record, which can impact your employment, housing, and other opportunities.

How Brett M. Rosen, Esq. Can Defend You Against Harassment and Cyber Harassment Charges

Brett M. Rosen, Esq. is committed to providing comprehensive and aggressive legal representation for those facing harassment or cyber harassment charges in Union County, NJ. We will:

• Thoroughly Investigate the Allegations: We will meticulously review all evidence, including witness statements, communications records, social media posts, and any other relevant information.
• Challenge the Prosecution’s Case: We will scrutinize the evidence, question witnesses, and expose any inconsistencies or biases to cast doubt on the accusations against you.
• Explore All Potential Defenses: We will tailor a defense strategy to your specific circumstances, exploring all available legal options.
• Negotiate with Prosecutors: We have a proven track record of negotiating with prosecutors to seek reduced charges, alternative resolutions (such as counseling or anger management), or dismissal of the case if possible.
• Provide Skilled Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in court to defend your rights and protect your reputation.

Defenses Against Harassment and Cyber Harassment Charges in Union County, New Jersey

The specific defense strategy will depend on the facts of your case. However, some common defenses we may employ include:

• Lack of Intent: We can argue that you did not intend to harass the alleged victim, and your actions were misinterpreted or taken out of context.
• Free Speech: If your alleged harassment involved expressing opinions or engaging in protected speech, we can argue that your actions are protected by the First Amendment.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of harassment or cyber harassment beyond a reasonable doubt, we can argue for dismissal of the charges.
• False Accusation: We can investigate the circumstances and motives behind the accusations, raising questions about the accuser’s credibility or potential ulterior motives.
• Defense of Others: If you were defending yourself or someone else, your actions may be justified.
• De Minimis Infraction: If the alleged conduct is so minor or trivial that it does not warrant criminal charges, we can argue for dismissal based on the de minimis infraction defense.
• Consent: In some situations, if the alleged victim consented to the communication or conduct, it may not be considered harassment.

Frequently Asked Questions (FAQs) about Harassment and Cyber Harassment Charges in Union County, NJ

1. What should I do if I am accused of harassment or cyber harassment in Union County, NJ?

   If you’re accused of harassment, remain calm, avoid any contact with the alleged victim, and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not discuss the case with anyone without legal counsel present.

2. Can I get a harassment or cyber harassment charge expunged from my record in New Jersey?

   In some cases, it may be possible to expunge a harassment or cyber harassment conviction from your record after a waiting period. The eligibility for expungement depends on the specific charge and your criminal history. An attorney can help you determine if you are eligible.

3. Will a harassment or cyber harassment conviction affect my employment?

   A conviction can negatively impact your employment prospects, especially in professions that require trust, interpersonal skills, or security clearances. Even if you don’t lose your current job, it could affect future career opportunities.

4. Can I be charged with harassment or cyber harassment if the alleged victim doesn’t want to press charges? Yes. In New Jersey, the decision to pursue harassment or cyber harassment charges rests with the prosecutor, not the victim. Even if the alleged victim decides not to press charges, the prosecutor may still proceed with the case if they believe there is enough evidence to support the charges.

5. What is the difference between harassment and stalking?

   While harassment and stalking can involve similar behaviors, stalking involves a pattern of conduct that causes a reasonable person to fear for their safety or the safety of others. Stalking is a more serious offense than harassment and carries harsher penalties.

6. What if the alleged victim is my ex-partner or spouse?

   Harassment cases involving domestic violence often require specialized knowledge and experience. Our firm has a deep understanding of domestic violence laws and can provide the sensitive and effective representation you need.

7. Can I be charged with cyber harassment for something I said online? Yes, cyber harassment charges can stem from online behavior, including cyberbullying, sending threatening messages, or posting harmful content about someone. New Jersey’s cyber harassment laws specifically address online harassment.

8. How long will my harassment or cyber harassment case take to resolve?

   The timeline for resolving these cases can vary depending on the complexity of the case, the court’s schedule, and whether the case goes to trial. An experienced attorney can help expedite the process and work towards a swift resolution.

9. Can I get a restraining order against someone who is harassing me or cyber harassing me?

   Yes, if you are being harassed or cyber harassed, you can seek a restraining order to protect yourself from further contact or harassment. An attorney can assist you with the process of obtaining a restraining order.

10. What are some examples of behaviors that could be considered harassment or cyber harassment? Some examples of behaviors that could be considered harassment or cyber harassment include:

    • Repeatedly calling, texting, or emailing someone who has asked you to stop.
    • Making threats of violence or harm.
    • Spreading rumors or lies about someone.
    • Following or stalking someone.
    • Cyberbullying or online harassment, including posting harmful or embarrassing content about someone online.

11. What are the potential consequences of a restraining order in a harassment or cyber harassment case?

    Violating a restraining order is a serious offense and can result in additional criminal charges, including contempt of court. It can also lead to the extension or modification of the existing restraining order.

12. What if I didn’t mean to harass anyone? Does intent matter? Yes, intent matters. To be convicted of harassment, the prosecutor must prove that you acted with the purpose to harass the victim. However, even if you didn’t intend to cause harm, if your actions were reckless and resulted in harassment, you could still be charged.

13. Is there a difference between harassment and bullying? While both harassment and bullying involve unwanted behavior, harassment is a crime with legal consequences, whereas bullying is not always a crime unless it involves specific criminal acts like assault or threats.

14. What is the role of social media in cyber harassment cases? Social media platforms can be used to commit cyber harassment, and posts, messages, and comments can be used as evidence in court. It’s crucial to understand that your online behavior can have real-world legal consequences.

15. Can a restraining order be lifted or modified in a harassment case? Yes, under certain circumstances, a restraining order can be lifted or modified. However, this is a complex legal process, and it’s essential to have an experienced attorney guide you through it.

16. What if the alleged victim is a minor? Harassment against a minor is taken very seriously in New Jersey, and the penalties can be enhanced if the victim is under the age of 18. If your case involves a minor, it’s crucial to seek legal counsel from an attorney experienced in juvenile law.

17. What if the alleged victim is a family member or domestic partner? Harassment cases involving domestic violence often require specialized knowledge and experience. Our firm has a deep understanding of domestic violence laws and can provide the sensitive and effective representation you need.

18. What are the consequences of violating a restraining order? Violating a restraining order is a separate criminal offense and can result in additional charges, fines, and potential jail time.

19. Can I be charged with harassment for a single incident? Yes, even a single incident can constitute harassment if it meets the legal definition under New Jersey law.

20. What if I believe the harassment charges against me are false? If you are falsely accused of harassment, it’s important to contact an attorney immediately. We can investigate the allegations, challenge the accuser’s credibility, and build a strong defense to clear your name.

Don’t Face Harassment or Cyber Harassment Charges in Union County, NJ Alone. Contact Brett M. Rosen, Esq. Today.

If you are facing harassment or cyber harassment charges in Union County, New Jersey, don’t let fear or uncertainty hold you back from seeking the legal representation you need. Brett M. Rosen, Esq. is here to provide you with compassionate support, experienced guidance, and aggressive advocacy throughout the entire legal process. We understand the complexities of these cases and the impact they can have on your life. We are dedicated to fighting for your rights, protecting your reputation, and securing the best possible outcome for your case.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule a free and confidential consultation.