Stalking Criminal Defense in Sussex County

Stalking doesn't always lead to physical harm, but it can cause mental and emotional distress. That's why New Jersey treats it as a serious crime that comes with harsh penalties. In fact, the state updated its laws and legal definitions regarding stalking in 2023.

The benefit of these updates is that they improve protection and support for stalking victims. Unfortunately, the downside is that it's easier to be convicted of stalking simply because the new definitions may apply to more people, even if they're innocent.

Since a stalking charge can have far-reaching impacts on the rest of your life, recruit the excellent Lento Law Firm Criminal Defense Team. With their nationally renowned team on your side, you're sure to see the best possible outcome for your case. Call the Lento Law Firm today at 888.535.3686 or fill out this contact form.

Stalking Laws in Sussex County

New Jersey's statewide laws on stalking apply to Sussex County. Perhaps you were familiar with them already, but they're worth reviewing in light of the 2023 updates. Nowadays, there's a wider variety of criteria that could categorize you as a stalker.

What Counts as Stalking

You may already have a specific idea of what stalking looks like in New Jersey. Perhaps you'll be surprised at what's included in the definition.

Course of Conduct

You'd look suspicious if you maintained constant communication or contact by phone, online, or through third parties, particularly after your accuser expressed that they want you to stop. Regularly surveilling them, following them, monitoring their activity, issuing threats, harassing them, and interfering with their property further indicate obsession, a hallmark of stalker mentality.

In other words, exhibiting a pattern of thoughts and behaviors that target, intimidate, or discomfort your accuser would constitute stalking. New Jersey law specifically says that two or more such incidents are repetitive enough to fit the definition.

Threats of Harm

Threatening behavior deserves more elaboration. It's not a simple, offhand comment about wanting to hurt someone. To give the impression of a stalker, the threats would likely have to look well thought-out, sincere, and maybe even detailed. Whether written or verbal, the incriminating threats could be against your accuser's body, mind, work, property, reputation, or loved ones. Also, you must demonstrate a believable motivation and ability to carry out your threats.

Emotional Distress and Reason to Fear

If you're continuously showing up where you're not wanted or expected, or if you're behaving in the distressing manner described above, your accuser has likely experienced paranoia, panic attacks, or other signs of emotional suffering. They may believe that you intend to harm them or any of the things and people that are important to them. The state could consider you a stalker if your accuser shows reasonable proof of the negative impact of your behavior on their mental health and sense of safety.

Purposeful Actions

You probably won't be convicted of stalking in Sussex County if there are just one or two incidents of running into your accuser, especially if you associate with the same circles and live or work in the same areas. Coincidence could explain plenty of encounters.

However, it's harder to dismiss if you're consistently appearing in the same places without a good reason. At that point, your accuser might understandably believe that you're following them on purpose, which leads to other planned activities, like monitoring, harassing, and threatening.

Plus, most people intuitively know the difference between neutral or friendly mannerisms and more malicious or menacing ones. If you're of sound mind, then you'd know how your actions come across, so ignoring the impacts of your behavior can easily be interpreted as a clear intention to scare, stress, or hurt your accuser.

Penalties for Stalking in Sussex County

Most states categorize serious crimes as misdemeanors and felonies, but New Jersey calls them disorderly persons offenses and indictable offenses, respectively. As an indictable offense, stalking would be an egregious conviction on your record.

There are also other penalties depending on the degree of the crime.

Fourth Degree

If you meet the basic criteria of a stalker in Sussex County, you may be convicted in the fourth degree, carrying the following potential penalties:

  • A fine of up to $10,000
  • Up to 18 months in prison
  • Probation

Third Degree

Stalking in the third degree is more severe since it could mean you're a repeat offender, disobeyed an existing restraining order, or violated your probation or parole from a federal crime. These penalties are common:

  • Up to $15,000 in fines
  • Three to five years in prison
  • Probation

Keep in mind that a conviction could affect you in other ways, too. You could lose respect in your social circles, suffer rejection from jobs for which you may otherwise qualify, and have trouble renting housing. Many people are hesitant to associate closely with convicted stalkers because they feel wary and unsure about their mental or emotional state. You may seem less dependable to friends, family, employers, and landlords.

Restraining Orders as a Response to Stalking

If you're the subject of a restraining order, it means that you can't contact or come within a certain distance of the person who requested it. Restraining orders can be filed in any county where you and/or your accuser live, even if you or they are only staying there temporarily. However, the order applies throughout the state. New Jersey also recognizes restraining orders filed elsewhere in the country.

Restraining orders are available in three basic categories:

  • Temporary Restraining Order (TRO): These restraining orders only last ten days or until a hearing for a final restraining order, for which the accuser must present evidence of your stalking.
  • Final Restraining Order (FRO): Usually reserved for serious convictions, like stalking, final restraining orders are permanent.
  • Emergency Restraining Order: As the name implies, emergency restraining orders are processed quickly and go into effect as soon as a judge approves. They are typically temporary.

An accuser can get a restraining order against you even if you're not convicted of stalking. An FRO is also issued for every stalking conviction.

The process for obtaining a restraining order in Sussex County could involve law enforcement using a warrant to search your home for weapons and other items that might be relevant to stalking. This can feel like an alarming invasion of privacy. Make sure to contact the Lento Law Firm Criminal Defense Team to demand the protection of your rights and sense of security.

Updates to the Law

New Jersey's Sexual Assault Survivor Protection Act of 2015 (SASPA) was already a keystone for championing victims of sex crimes. However, when the state updated its stalking laws, the act needed changes as well. As a specific example, it gives victims the ability to request restraining orders for stalking and cyber harassment. To reflect its new language and expansion of victim support, it's now called the Victim's Assistance and Survivor Protection Act (VASPA).

Previously, New Jersey's laws only allowed restraining orders against stalkers who already had criminal convictions for their behavior or between stalkers and victims who had relationships. The current law allows victims to get restraining orders against strangers as well. Also, cyber harassment now qualifies as a legitimate reason to request a restraining order.

Victims, accusers, and their supporters welcome the updates because they offer more and better protections against stalking. However, with broader definitions of stalking and harassment, and without the requirement for prior personal relationships, more innocent people could have their lives turned upside down by stalking accusations. Luckily, the Lento Law Firm can still defend you.

Trial Process

If you're accused of stalking and have never been to court before, it's natural to feel anxious. Knowing what to expect could help calm your nerves. The process usually goes something like this.

Preliminary Hearing

The purpose of a preliminary hearing is to determine whether there is enough evidence of wrongdoing for a trial to make sense, in which case the judge would indict you. It would take place in one of Sussex County's municipal courts. You must be present for this hearing.

Superior Court Trial

If you're indicted, the case proceeds to a superior court in Sussex County. Any evidence used at the preliminary hearing will be reviewed here, and new evidence may be scrutinized as well. A jury decides whether you're guilty, and the judge chooses your sentence.

Plea Deal

As an alternative to enduring a superior court trial, you could opt for a plea deal. Basically, that means you agree to accept a lesser charge and a voice in choosing an appropriate penalty. While this would likely have less negative impact on your life than going through a whole trial and being found guilty, it does remove your right to appeal.

Appeal

Say you decide to do a trial at the superior court. If you're found guilty, you can appeal. You must file the appeal within 45 days of receiving your verdict, and if it's approved, your case will move to the Appellate Division of Superior Court. Together with the Lento Law Firm, you can defend yourself anew and hopefully get a more favorable result.

How the Lento Law Firm Can Defend You

Understanding stalking laws in Sussex County is just the beginning. Since the laws are broader and focused on victims' rights, you're more at risk of being falsely accused or disproportionately sentenced. You must keep the Lento Law Firm Criminal Defense Team on retainer, and this is why.

They Have Experience and Knowledge

Throughout its years of defending criminals, the Lento Law Firm offices have earned respect around the country. Their cases have even been featured in nationwide media, and their successes have been lauded and admired. This is because the team is staffed by seasoned and knowledgeable attorneys who are passionate about criminal defense.

They Unearth the Truth

Whether due to misunderstandings or malicious intent, some people lie about being stalked. Perhaps your accuser is a frustrated neighbor, co-worker, ex-spouse, co-parent, family member, or former friend.

The Lento Law Firm won't take any accusations against you at face value. Instead, they'll work to find out your accuser's motivation, and if it's less than legitimate, they'll strategize to prove it.

They Know the Pretrial Intervention Program

New Jersey offers the Pretrial Intervention Program (PTI) to qualifying individuals. It lets you keep a stalking conviction off your criminal record, provided you complete six months to three years of a program consisting of counseling and supervision from a county probation officer. The probation office in the county is located at this address:

Sussex County Judicial Center

43-47 High Street

Newton, NJ 07860

The state may allow you to participate in the program if you fulfill the following criteria:

  • Your charge is an indictable offense and not a disorderly person or petty disorderly person offense (excluding those involving domestic violence)
  • You have not violated a restraining order
  • You have no municipal ordinance violations or other non-criminal offenses on your record
  • You've never been enrolled in the PTI program or anything similar in the U.S.
  • The Sussex County prosecutor approves (which may be necessary if you have prior convictions)

The Lento Law Firm Criminal Defense Team is highly familiar with the PTI program. If you're guilty of stalking but meet the above criteria, the team can advocate for you to become enrolled. This could make a significant difference in your eligibility for work and housing.

Protect Yourself From Stalking Charges in Sussex County

Whether or not you followed someone maliciously, a stalking charge doesn't have to follow you. The Lento Law Firm is ready to protect the rights, reputations, and careers of Sussex County residents accused of stalking. If you're prepared to accept their help and look forward to a better future, call the Lento Law Firm Criminal Defense Team at 888.535.3686 or fill out a contact form.

​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

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