Stalking

Lawrence Township Stalking Lawyer

If you are facing a third degree or fourth degree crime for stalking in Mercer County, hiring a skilled lawyer should be your primary objective. A stalking charge has the ability to severely impact your life because it is a felony criminal offense that carries the possibility of years of imprisonment. The attorneys at The Law Offices of Jonathan F. Marshall can guide you through this stressful situation so that you can reach the most favorable outcome in your stalking case in Trenton at the Superior Court. Our team of knowledgeable criminal lawyers, which includes several former prosecutors, have over a century of experience defending clients arrested in Lawrence Township, Trenton, Hamilton, Princeton, East Windsor and other local municipalities. We will invest our time and skill in order to provide you with the best chance of obtaining a dismissal, a downgrade or gaining admission into Pretrial Intervention. To speak to an attorney about your stalking offense now, contact our Lawrence Office at 609–683–8102.

Stalking Charge in Trenton New Jersey

The stalking law is set forth at N.J.S.A. 2C:12-10. A person commits this offense if they purposefully or knowingly engage in a “course of conduct” that would lead a reasonable person to fear for their safety, the safety of another person or to suffer emotional distress. The term “course of conduct” means:

repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person’s property; repeatedly committing harassment against 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.

Stalking is typically a fourth degree crime. A second or subsequent conviction for stalking against the same person is, however, a third degree crime. A third degree stalking also results where the offense is committed in violation of a standing court order (e.g. restraining order, no-contact order, etc.) or when the defendant is on parole or probation for a first degree, second degree, third degree or fourth degree crime.

Jurisdiction Over a Stalking Offense

Stalking is an indictable offense so the only court with authority to decide the charge is the Mercer County Superior Court.

Elements of Proof

The prosecutor must prove four (4) elements in order to convict you of stalking including: (1) words or conduct directed toward a specific person; (2) that was engaged in on at least two occasions; (3) that was purposeful or knowing; and (4) that would have caused a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.

Penalties

The penalties for a fourth degree crime of stalking include up to 18 months in prison and a $10,000 fine. A third degree stalking results in a maximum fine of $15,000 and up to 5 years in state prison. In addition, a restraining order is automatically triggered against the defendant upon conviction for stalking.

Hamilton NJ Stalking Defense Attorney

There is a huge difference between being arrested for stalking in Hamilton or another municipality than being convicted under 2C:12-10. Your clear objective needs to be avoiding a finding of guilt and an attorney at

The Law Offices of Jonathan F. Marshall

can arm you with the representation you need to meet this goal. The members of our defense team have represented many individuals charged with stalking and are positioned to defend the charge that was filed against you in Hopewell, West Windsor, Ewing , Robbinsville or Highstown. A lawyer is available 24/7 to assist you by calling 609–683–8102