Stalking Defense Lawyer in Camden, NJ
Experienced South Jersey Criminal Defense Attorney Jill Cohen Helps You Challenge Stalking Charges in Camden County & Gloucester County, NJ
Stalking is a serious offense in New Jersey that carries the potential for significant penalties, including jail time, probation, fines and a permanent criminal record. Stalking charges often go hand in hand with other offenses, such as domestic violence, making terroristic threats, and harassment. If you have been arrested and formally charged with the crime of stalking in Camden, Cherry Hill, Lindenwold, Monroe, Glassboro, or Egg Harbor, NJ, you need a qualified criminal defense lawyer who has the experience and the skills to help you overcome this serious charge.
Stalking Defined Under NJ Law
When most people think about stalking, they imagine one person following another, possibly hiding in the shadows. While some cases do involve that sort of behavior, there are many other situations that can be classified as stalking.
Generally, stalking refers to a pattern of malicious behavior by one person toward another, with the intent to cause the victim to be in fear of death or bodily harm to themselves or to a member of their immediate family. This can include a variety of unwanted behaviors, such as repeatedly showing up at the person’s place of work, making frequent phone calls or sending threatening messages, either directly or indirectly, as through a third party.
Penalties for Stalking in New Jersey
Every state in the nation prohibits stalking, and in most states, stalking is a felony. The crime of stalking in New Jersey is usually a crime of the fourth degree, punishable by up to 18 months in prison. A person can be convicted of stalking in the third degree under certain conditions, such as if the offense was committed in violation of a court order, or was committed against the same person for a second or subsequent time, or if the defendant committed the offense while serving time in jail or while on parole or probation. Persons convicted of a third-degree stalking offense can face up to five years behind bars in New Jersey State Prison.
Overcoming Stalking Charges in Hammonton, New Jersey
As with every criminal offense in NJ, the prosecution bears the burden of proof in stalking cases. In order for a defendant to be convicted, the jury must believe beyond a reasonable doubt that all of the following are true:
- The defendant knowingly and repeatedly engaged in speech or conduct intended to inflict emotional distress or make the victim fear for their safety.
- The person to whom the behavior was directed was actually fearful of imminent death or injury, and any other reasonable person in their position would feel the same.
- There was a credible threat. However, unless the prosecution can prove that an actual threat was made, whether verbally, in writing or by a physical gesture indicating violence, the prosecution will not succeed.
Gloucester Township Criminal Attorney Jill R. Cohen Offers Strong Defense for Individuals Charged with Stalking in New Jersey
If you are being investigated for stalking, or have already been arrested and formally charged with stalking, contact Camden County criminal lawyer Jill R. Cohen, Esq. right away. Ms. Cohen has helped countless individuals in New Jersey overcome stalking charges so that they can move on with their lives. For a free and confidential consultation, fill out our online contact form or call today. The Camden County criminal law firm of Jill Cohen is located in Westmont, New Jersey, so she can conveniently serve clients facing criminal charges in the City of Camden, as well as Cherry Hill, Haddonfield, and Pennsauken, NJ.