Defending Harassment Charges in NJ
Pursuant to N.J.S.A. 2C:33-4, a Harassment charge is a petty disorderly persons offense. Harassment charges typically stem from a dispute between two private citizens. When one of these individuals takes his or her conduct to a certain level of annoyance, harassment charges will ensue.
If you are arrested and issued a summons complaint about your harassment charges then you may also have been told that there is a No Contact Order in place between you and the alleged victim. If that is the case, it is imperative that you avoid future contact with the victim as any failure to obey this order could result in further contempt charges by the court.
The criminal defense lawyers at the Law Offices of Jonathan F. Marshall are experienced in defending harassment charges and our attorneys are prepared to assist you. A criminal lawyer with our office is available statewide including Ocean County, Union County, Middlesex County, Monmouth County, Somerset County, Hudson County, Essex County, and Mercer County, to speak to you if you have been arrested or charged with the offense of harassment. You may also want to consult our Domestic Violence and Restraining Order pages for relevant information.
Harassment Charges Explained
According to NJ law, harassment is generally considered a petty disorderly persons offense. As per NJ Statutes §2C:43-8, a conviction for harassment may result in a maximum sentence of 30 days in jail. Additionally, fines or community service may also be imposed as penalties.
At its core, harassment charges may only be filed if the defendant had an intent to harass another and that one of the three following activities occurred:
- Communications
The first type of proscribed behavior involves communication to another. These include anonymous communications, communications made at extremely inconvenient hours, in offensively coarse language, or any other manner likely to cause annoyance or alarm. Essentially, using phone, email, social media or any other form of communication to disrupt, annoy, or offend another will qualify under N.J.S.A. 2C:33-4. - Striking, Kicking, Offensive Touching
The second type of proscribed behavior for this Harassment offense is striking, kicking, shoving, other offensive touching, or threatening to do so. This type of behavior is less often charged as Harassment but instead as Simple Assault. Where there is no actual bodily injury from the striking, kicking, or offensive touching, then Harassment charges are appropriate instead of Simple Assault. - Alarming Conduct or Repeated Acts
The third type of proscribed harassment behavior is engaging in any other course of alarming conduct or repeatedly committing acts with the purpose to alarm or seriously annoy another person. You, as the defendant, must have a purpose to alarm or seriously annoy.
Harassment becomes an indictable offense of the fourth degree if the harassment occurs while the defendant is on parole or probation for an indictable criminal offense.
When an individual is arrested
or charged with harassment based on annoying or alarming conduct, the question that is invariably encountered is whether or not the conduct was just insensitive or actually prohibited harassment. This line can sometimes be grey and, as a result, New Jersey’s Courts have provided some helpful principles on the subject. The first principle to keep in mind is the fact that “intent” is a necessary element of New Jersey’s Harassment Statute; that is, it must be shown that the accused made the communication or caused the communication to be made for the purpose of harassing the victim. See State v. Hoffman, 149 N.J. 564, 695 A.2d 236 (1997). It should also be kept in mind that New Jersey’s Courts have found that profanity alone will not constitute an intent to harass. Second, in order for a communication to be sufficiently annoying, it must “disturb, irritate, or bother” the victim to a consequential degree. See Cesare v. Cesare, 154 N.J. 394, 713 A.2d 390 (1998). New Jersey’s Courts have found that it is not the purpose of the statute to criminalize communications made in inoffensive language at convenient hours or in the communicator’s own name. Factors like gender, age, and occupation of the person to whom the communication was directed, are relevant in determining whether a communication is severe enough to give rise to a valid harassment offense.
Harassment Penalties in NJ
Unless the harassment charges pending against you are later enhanced to Simple Assault, Aggravated Assault, Terroristic Threats, or occurred while you were on parole/probation, you will be facing a disorderly persons offense. As such, a conviction for Harassment will carry up to thirty (30) days in county jail, excessive fines and penalties, a no-contact order, as well as a permanent criminal record.
Contact Our Skilled Lawyers for Your Harassment Defense
If you or a family member have been arrested and charged with Harassment and have an upcoming arraignment or court date, it can only benefit you to speak with a criminal attorney. Learning exactly what it is you are faced with and how you can mitigate your exposure to criminal penalties will benefit you. The Law Offices of Jonathan F. Marshall defend individuals charged under N.J.S.A. 2C:33-4, New Jersey’s Harassment Statute on a regular basis. Every case of “harassment” is fact sensitive and the defense attorneys at our office are well aware of the intricacies of a harassment complaint. Please do not hesitate to contact our office for a free initial consultation with an attorney from our law firm if you are in need of legal assistance. A lawyer with the firm is ready to assist you in your Monmouth County, Middlesex County, Union County, Ocean County, Essex County, Hudson County, Mercer County, and Somerset County case.
