The Moriartys have been handling offenses including domestic violence, aggravated assault, and stalking throughout all counties in New Jersey for over 40 years. We understand how serious any criminal charge is and are here to help you. Having the right defense team on your side is of the utmost importance. Please contact our office anytime by email or by phone at 732-842-7773 for a free initial consultation.
New Jersey Stalking Law: N.J.S.A. 2C:12-10
§ 2C:12-10. Definitions; stalking designated a crime; degrees
a. As used in this act:
(1) “Course of conduct” means repeatedly maintaining a visual or physical proximity to 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.
(2) “Repeatedly” means on two or more occasions.
(3) “Immediate family” means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family.
c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.
f. This act shall not apply to conduct which occurs during organized group picketing.
NJ Stalking Offenses and Penalties
As the above statute outlines, stalking is typically a Fourth Degree Offense in New Jersey unless certain circumstances exist which enhance the charge to a Third Degree Offense. Therefore, an individual charged with stalking may be looking at jail time if convicted. Stalking cases often involve extremely fact intensive situations. therefore, it is important to have an experienced attorney who can advocate on your behalf and properly tell the court your side of the story. This is what the Moriartys can do for you. We will get your story out there and advocate for you 100% of the way through. Contact us today for your free consultation.
We Handle All Types of Criminal Charges
Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.
The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.
Call 732-842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.