Lawyer for Stalking Charges in Union County, New Jersey
Stalking charges can be the result of a failed relationship or disputes between neighbors just to name a few. But the bottom line is that if you have been arrested for stalking in New Jersey you are facing serious charges. A conviction will result in a felony conviction and possible prison incarceration which is discussed more in depth below. As founding attorney, Will Proetta, Esq., has successfully represented clients against stalking charges throughout New Jersey and Union County. The Proetta & Oliver represents clients for stalking throughout New Jersey including Clark, Scotch Plains, Cranford, Rahway, Roselle Park, Hillside, Springfield, and Linden. If you would like to speak with an experienced stalking defense attorney then please contact our office at (908) 838-0150 for a free initial consultation. We have representatives available 24/7 to answer your call.
New Jersey Stalking Statute: 2C:12-10
The law on stalking in New Jersey is listed below, in pertinent part, for your convenience.
§ 2C:12-10. Stalking
a. As used in this act:
(1) “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
(2) “Repeatedly” means on two or more occasions.
(3) “Immediate family” means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family.
c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.
f. This act shall not apply to conduct which occurs during organized group picketing.
Union County NJ Stalking & Restraining Order Attorney
As stated in the above statute, stalking is normally a fourth degree felony punishable by up to 18 months in prison. Stalking can be upgraded to a third degree indictable offense if the crime is committed in violation of an existing court order, a repeat offense, or committed while on probation. A third degree felony is punishable by up to 3 – 5 years in state prison. Moreover, a conviction for stalking will result in a permanent lifelong Final Restraining Order against the defendant. Because stalking is a felony it is handled in the Superior Court by the County Prosecutors Office.
Defense of a stalking case can often be very complicated and technical and it pays it off to have an experienced criminal lawyer who knows how to properly challenge the State and put them to their burden. Will Proetta, Esq., represents clients charged with stalking in Summit, Plainfield, Linden, Berkeley Heights, Mountainside and New Providence. For additional information regarding stalking or other domestic violence charges in New Jersey, contact our office anytime for a free initial consultation at (908) 838-0150.