Harassment Charge Attorney Plainfield, NJ

Harassment Charge Attorney Plainfield, NJ

Harassment, although often associated with workplace or school settings, can encompass a wide array of conduct that can have serious implications. In Plainfield, New Jersey, being accused of harassment can lead to legal battles, potential penalties, and a tarnished reputation. Whether you’re facing accusations of cyber-harassment, stalking, or any other form of harassment, understanding the law and having a seasoned legal advocate by your side is paramount.

Facing Harassment Charges? Understand Your Rights & Build a Strong Defense in Plainfield, NJ

Decoding Harassment in New Jersey: N.J.S.A. 2C:33-4

Under New Jersey law, specifically N.J.S.A. 2C:33-4, harassment is defined as engaging in a course of conduct or making a communication with the purpose to harass another person. This can include various actions, including but not limited to:

• Making or causing communications anonymously, at extremely inconvenient hours, in offensively coarse language, or in any other manner likely to cause annoyance or alarm.  
• Subjecting another to striking, kicking, shoving, or other offensive touching, or threatening to do so.
• Engaging in any other course of alarming conduct or repeatedly committed acts with the purpose to alarm or seriously annoy another person.  

Recognizing Examples of Harassment

Harassment can manifest in numerous ways, both online and offline. Here are some common examples:

• Making repeated unwanted phone calls or text messages
• Sending offensive, abusive, or threatening messages or emails
• Spreading rumors or gossip about someone
• Stalking or following someone
• Cyberbullying or online harassment
• Physical intimidation or threats of violence
• Posting private or embarrassing information about someone online (revenge porn)
• Making unwanted sexual advances or comments

Penalties for Harassment in New Jersey

The penalties for harassment in New Jersey can be severe, depending on the specific circumstances and aggravating factors involved.

• Petty Disorderly Persons Offense: In most cases, harassment is classified as a petty disorderly persons offense, carrying penalties of:

  • Up to 30 days in jail
  • Fines of up to $500
  • A permanent criminal record
  • Potential for a restraining order

• Fourth-Degree Crime: Under certain circumstances, harassment charges can be elevated to a fourth-degree crime, carrying more severe penalties:

  • Up to 18 months in prison
  • Fines of up to $10,000

Factors Elevating Harassment to a Fourth-Degree Crime:

• Made Online: If the harassment occurs within a text message, email, or a social media application, it may be charged as a fourth-degree crime.
• Bias Intimidation: If the harassment is motivated by bias or prejudice against the victim’s race, religion, sexual orientation, gender identity, or other protected characteristics, it can be charged as a more serious offense.
• Probation or Parole: If you are on probation or parole, then a harassment charge can be elevated to a fourth-degree crime.

Beyond Legal Penalties: The Ripple Effects of a Harassment Conviction

A harassment conviction can have far-reaching consequences beyond the immediate legal penalties. It can:

• Damage your reputation and relationships
• Affect your employment opportunities
• Impact your ability to secure housing
• Limit your educational or professional pursuits
• Have immigration consequences for non-U.S. citizens

Harassment Lawyer Plainfield, New Jersey

The Indispensable Role of a Skilled Harassment Defense Attorney

Facing harassment charges can be overwhelming and emotionally draining. Having a knowledgeable and experienced attorney by your side can significantly impact the outcome of your case. Brett M. Rosen, Esq., and his team offer:

• Extensive Experience in Harassment Defense: We possess in-depth knowledge of New Jersey’s harassment laws and have a proven track record of successfully defending clients against these charges in Plainfield and throughout Union County.
• Personalized Attention & Strategic Defense: We understand that every case is unique. We take the time to listen to your side of the story, analyze the evidence against you, and develop a tailored defense strategy to protect your rights and achieve the best possible outcome.
• Aggressive Advocacy: We are committed to fighting for your rights and challenging the prosecution’s case at every turn. We will work tirelessly to achieve a dismissal of charges, a reduction in penalties, or an alternative resolution that avoids a conviction.
• Compassionate Support: We recognize the emotional toll that harassment charges can take. We provide compassionate support and guidance throughout the legal process, ensuring that you feel informed and empowered every step of the way.

Potential Defenses Against Harassment Charges

The specific defense strategies employed will depend on the unique facts and circumstances of your case. Some common defenses that may be applicable include:

• Lack of Intent to Harass: The prosecution must prove that you acted with the purpose to harass the alleged victim. If we can demonstrate that your actions were not intended to harass but were instead misinterpreted or blown out of proportion, the charges may be dismissed or reduced.
• Protected Speech: Some forms of communication, even if annoying or offensive, may be protected under the First Amendment right to free speech. We will carefully evaluate whether your actions fall under protected speech and, if so, vigorously defend your right to express yourself.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of harassment, we will challenge the charges and seek a dismissal. This may involve highlighting inconsistencies in witness statements, challenging the credibility of the alleged victim, or demonstrating a lack of proof of intent to harass.
• False Accusations: If you believe you’ve been falsely accused, we will meticulously investigate the allegations and gather evidence to prove your innocence. This may involve interviewing witnesses, obtaining character references, and exposing any motivations the accuser may have for making false claims.
• Mutual Dispute: In some situations, both parties may be engaging in a mutual dispute or argument. We can argue that your actions did not constitute harassment but were part of a broader disagreement where both parties were equally involved.
• Lack of Credible Witness: If the prosecution’s case relies heavily on the testimony of a witness whose credibility can be questioned, we will highlight any inconsistencies, biases, or ulterior motives in their statements.

Frequently Asked Questions about Harassment Charges in Plainfield, NJ

1. What is the difference between harassment and bullying?

• Harassment involves a course of conduct or communication intended to annoy or alarm another person. Bullying often involves repeated aggressive behavior intended to intimidate or harm someone, particularly in a school or workplace setting. Both can have serious consequences, but the legal definitions and potential penalties may differ.

2. Can I be charged with harassment for something I said online?

• Yes, cyberbullying and online harassment can lead to criminal charges, including harassment. Even if the communication occurred online, it can still have real-world consequences and significantly impact the victim’s life.

3. What should I do if I’m being harassed?

• If you’re being harassed, it’s important to document the incidents, including dates, times, and details of what happened. Save any evidence, such as text messages, emails, or social media posts. If the harassment is severe or threatening, contact the police and consider seeking a restraining order.

4. Can I get a restraining order against someone who is harassing me?

• Yes, you can seek a restraining order, also known as a final restraining order (FRO) in New Jersey, to protect yourself from further harassment. An attorney can assist you in obtaining a restraining order and navigating the legal process.

5. What is the difference between a temporary restraining order (TRO) and a final restraining order (FRO)?

• A TRO is a temporary order issued by a judge to provide immediate protection while a hearing for a final restraining order is pending. An FRO is a permanent order that remains in effect until modified or dismissed by a court.

6. If I am charged with harassment, can I still have contact with the alleged victim?

• If you’re charged with harassment, it’s crucial to avoid any contact with the alleged victim, even if it’s unintentional or seemingly harmless. Any contact could be interpreted as a violation of a restraining order or as further evidence of harassment, potentially jeopardizing your case.

7. Can I be charged with harassment even if the alleged victim didn’t feel harassed?

• Yes, the focus of a harassment charge is on your intent to harass, not necessarily on whether the victim felt harassed. If the prosecution can prove that you acted with the purpose to harass, you can still be convicted even if the victim didn’t feel threatened or alarmed.

8. How long does it take to resolve a harassment case?

• The timeline for resolving a harassment case varies depending on several factors, including the complexity of the case, the court’s schedule, and whether you choose to go to trial. An attorney can help you understand the potential timeline and work towards a swift resolution.

9. Can a harassment conviction be expunged from my record?

• In some cases, it may be possible to expunge a harassment conviction from your record after a certain period. However, eligibility requirements and the expungement process can be complex. An attorney can assess your situation and guide you through the expungement process if you qualify.

10. What are the consequences of violating a restraining order?

• Violating a restraining order is a serious offense that can result in additional criminal charges, fines, jail time, and a permanent criminal record. It’s crucial to strictly adhere to the terms of any restraining order issued against you.

Additional FAQS of Harassment Charges