Stalking is a serious offense 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, you need a qualified criminal defense lawyer who has the experience and the skills to help you overcome this serious charge.
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 give rise to a charge of 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.
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 in New Jersey State Prison.
As with every criminal offense, 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:
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 Westmont, and clients in Camden County, Gloucester County, Atlantic County, Salem County, Burlington County, Cumberland County and Mercer County.
As an assistant prosecutor Ms. Cohen litigated complex motions for the State, was an acting Camden City Municipal Prosecutor, and indicted over 800 cases before the Camden County Grand Jury. Ms. Cohen handled hundreds of indictable/felony and juvenile cases and tried numerous jury trials, in areas such as drug possession and distribution, school zone violations, domestic violence, aggravated assault, fraud, burglary, robbery, child sexual assault, child physical abuse, homicides, attempted murder and other crimes of magnitude.
With over 30 years in the criminal justice system, Ms. Cohen has developed a great working relationship with members of the local justice system. Ms. Cohen uses her vast experience to get her clients the best possible results.
Ms. Cohen leaves no stones unturned when she builds aggressive defense strategies designed to obtain the best possible outcome for her clients.
The New Jersey Supreme Court’s Attorney Certification Program is designed to help the public make sound and informed choices when deciding to hire an attorney. While there are over 60,000 practicing attorneys in the state of New Jersey, fewer than 250 New Jersey lawyers have been recognized by the NJ Supreme Court as Certified Criminal Trial Attorneys. Camden County criminal lawyer Jill Cohen has been recognized as an NJ Supreme Court Certified Criminal Trial Attorney every year since 2008. To become a Certified Criminal Trial Attorney, Ms. Cohen received recommendations from her peers and judges throughout South Jersey.
Regardless of the incidents that led up to your arrest, every resident of New Jersey has the constitutional right to a fair trial. If you have been arrested or are being investigated, you need sound legal advice. Contact me today.