If you've been accused of the crime of stalking in New Jersey, you need the help of an experienced criminal defense attorney. A stalking conviction can result in fines and prison time, and when it goes public, it can ruin your reputation for years to come. That's why the best way to protect against a stalking conviction is not to be charged in the first place. Knowing the different types of behaviors that can lead to a stalking charge can help you avoid having to defend against one.
If you are facing allegations of stalking, harassment, or other types of unwelcome contact in New Jersey, the Lento Law Firm's Criminal Defense Team can help. Call us today at 888.535.3686, or use our contact form to schedule a confidential consultation.
What Is Stalking in New Jersey?
In New Jersey, the crime of stalking includes the following elements:
- Repeated, intentional conduct that is directed at a specific person
- The conduct is of the type that would cause a "reasonable person" to fear for their safety or the safety of another person or would cause them to suffer "other emotional distress."
Conduct that can contribute to a stalking charge includes a number of different types of actions. New Jersey's anti-stalking statute mentions the following:
- "Repeatedly maintaining a visual or physical proximity" to a particular person
- "Following, monitoring, observing, surveilling, threatening, or communicating to or about" a particular person
- "Interfering with" someone else's property
- Repeatedly making "verbal or written threats" against someone (or having someone else make threats against that person)
- Making "threats implied by conduct" towards someone else
As you can see, the crime of stalking in New Jersey is very broadly defined. It can be easy for an accuser to point to one or more different actions that may have completely innocent intentions but may, on paper, appear to satisfy the definition of stalking.
This is why it's extremely important if you've been accused of stalking to retain an experienced criminal defense attorney, someone who understands the New Jersey stalking statute and knows how to defend against an attempt by prosecutors to misuse the statute or to unfairly prosecute you for behavior that does not actually satisfy the requirements for the crime of stalking. The Lento Law Firm's Criminal Defense Team understands how New Jersey courts interpret the state's anti-stalking statute, and we are here to protect your rights and defend you if you've been accused of criminal stalking.
What Level of Crime is Stalking in New Jersey?
Depending on the circumstances, a conviction under New Jersey's anti-stalking statute is either a fourth-degree crime or a third-degree crime, with third-degree crimes being more serious. A stalking conviction can be a third-degree crime in New Jersey where:
- the defendant is convicted of stalking in violation of a court order that prohibits the behavior that the defendant was accused of committing
- the defendant was previously convicted of stalking the same victim
- the defendant is convicted of committing stalking while imprisoned or while on parole or probation
A third-degree stalking conviction can result in a prison term of three to five years and a fine of up to $15,000.
In cases other than those described above, a stalking conviction is a fourth-degree crime. It can result in a prison term of up to 18 months and a fine of up to $10,000.
In addition to having to serve prison time and pay a fine, if you are convicted of stalking, you may have difficulties getting a job in the future, as you will have a criminal record. You very well may also have to follow strict terms imposed by a permanent protective order, one that could require you to cease all contact whatsoever with the victim as well as their family and friends. The Lento Law Firm's Criminal Defense Team understands how serious stalking allegations can be. Our experienced attorneys are here to help you protect your rights and defend against stalking allegations in New Jersey.
What Kinds of Behavior Can Result in a Charge of Stalking?
The New Jersey anti-stalking statute uses very broad terms to describe the types of behavior that can result in a charge and a conviction of stalking. Those broad words cover many different specific types of acts. Here are some of them.
- Spying. This is what many people think of when they hear the word "stalking." It can include behavior that is specifically directed at someone else (a "target" person), such as:
- Physically following the target
- Staying near the target and watching them
- Going through the target's discarded trash or looking through delivered mail that is in their mailbox
- Repeatedly asking the target's friends, family members, or co-workers about the target
- Accessing, including hacking into, the target's email or social media accounts
- Using a camera or microphone to monitor a specific location where the target regularly can be found
- Planting a geolocation device, such as an "AirTag," in the target's car or somewhere else so that their location can be tracked
- Installing or activating tracking software on a phone, laptop, or other device without the target's knowledge
- Unwanted Participation in the Target's Daily Life. This kind of behavior is less about spying on a target person and more about making them feel threatened or uncomfortable in various ways. Examples of this kind of behavior include:
- Spreading malicious false rumors about the target
- Repeatedly sending the target unwanted gifts
- Humiliating or embarrassing the target in public
- Sending the target photos that show the sender in locations that the target frequents or that show the target in those locations
- Appearing somewhere at the same time that the target does, particularly if this happens on more than one occasion and there is no particular reason (such as a sporting event where the couple's child is participating) for both people to be at that place at the same time
- Harassing the target's friends, family members, co-workers, or neighbors in a way that makes it clear that the target is the reason for the harassment
- Impersonating the target online
- Intimidation Tactics. Individually, this kind of behavior may not cause the target to feel intimidated, but when different actions are added up, they can amount to intimidation that can result in a stalking charge. Intimidation tactics can include:
- Making threats, either direct ones or implied ones, against the target. This can happen in person, online, or by any other means designed to communicate a threatening message
- Threatening others that the target cares about, including pets, or actually harming any of them
- Blackmailing the target, for example, by threatening to release intimate photos or videos or to reveal private information that could humiliate or harm the target if made public
- Symbolically making a threat – for example, damaging or destroying an object while making it understood or suggesting that the same result could happen to the target
- Life Interference. This type of stalking involves actions that are designed to disrupt the target person's life in some concrete way. There are a number of different ways this can happen:
- Damaging the target's property, or stealing from the target
- Purposefully disrupting the target while they are in their place of business or while they are engaged with others in a social setting
- Impersonating the target and acting in a way that harms the target. This can include sending emails or posting things online that can cause conflict in the target's daily life
- Attempting to physically stop the target from leaving a particular place or even holding the target as essentially a captive, even for a short period of time
- Financial or Monetary Stalking. This can happen whether or not a couple has formerly shared access to bank accounts, credit cards, investment accounts, and other valuable assets. Actions that harm the financial security of the target can be construed as stalking and may include:
- Draining bank accounts without the knowledge or permission of the target
- Running up significant credit card bills that the target will be responsible for
- Changing the password or other means of access to accounts
- Taking control of investment accounts and directing investments without the target's permission
- Court Proceeding Stalking. Sometimes, a person will repeatedly file frivolous lawsuits, unwarranted custody motions, or other types of unnecessary litigation as a way of getting back at the target. These can have the effect of stalking for the following reasons:
- The target often must repeatedly appear in court at the same time as the person who filed the case
- The target will be forced to defend against the allegations made in the court case, even when there is no basis for the lawsuit or motion in the first place
- Court proceedings can be used as a way to share embarrassing or private information about the target in a way that humiliates the target in public
- Court cases are expensive, and the financial drain can harm the target
- Protective Order Violations. When there is a protective order in place, you need to make sure you understand what the order prevents you from doing. Many stalking cases arise because the person who is required to follow the terms of the order fails to do so. This isn't always intentional; sometimes, the person who has been restrained by the order hasn't paid enough attention to the terms of the order and simply makes a mistake. However, in other cases, the person may decide to ignore the order. This can result in the person being convicted of criminal contempt. That's why if you are the subject of a restraining order, it's vital that you make sure you have a clear understanding of what you are allowed to do and what the order prevents you from doing.
In cases where you believe the court's protective order unfairly prevents you from doing something that is important to you or your livelihood – such as going to your place of business, for example – you should have your attorney apply to the court to have the order modified. Simply ignoring the order and violating its terms will not end well for you.
How to Protect Yourself Against a Stalking Allegation
There are a number of ways to protect yourself against having a stalking allegation brought against you in the first place. These cases typically don't arise out of nowhere; there is almost always some kind of a prior relationship between the accused defendant and their accuser. In almost all cases, the accuser will have warned the defendant about their behavior well before bringing the stalking charge.
If you find yourself wanting to continue having contact with someone who has told you that they no longer wish to have contact, try not to give in to the urge to make that contact. That may be easier said than done, but it will greatly reduce the chances that the other person will have grounds to accuse you of stalking them.
Of course, not all situations are so easily resolved. When a couple with children are separating or divorcing, for example, both parties are likely to want to continue to have contact with the children, and, in many cases, both parties will have a legal right to stay in contact with the children. In this kind of situation, arriving at a clear and detailed understanding with the other person about when and how the children will be able to see both parties can be enormously helpful, and following the terms of that agreement can greatly reduce the chances of being charged with stalking.
If you have questions about what kinds of contact you are and are not allowed to have with someone that you formerly had a friendship or relationship with, the Lento Law Firm's Criminal Defense Team can help. We understand how New Jersey courts are likely to view different types of contacts between former friends or relationship partners and can help protect you against an unwarranted stalking charge in the first place.
The Lento Law Firm Can Help if You've Been Accused of Stalking
If you've been charged with stalking in New Jersey, the Lento Law Firm's Criminal Defense Team is here to defend you. Our experienced attorneys understand New Jersey's criminal laws, its criminal justice process, and the way the prosecutors think. Our Criminal Defense Team is committed to providing our clients with a strong defense to all types of criminal charges, including stalking, in courts all across New Jersey. We are here to help you protect your rights and defend you against the power of the state.
If you've been charged with stalking in New Jersey, don't attempt to defend yourself. Call the Lento Law Firm at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced criminal defense attorneys.
