Harassment / Threats / Stalking

New Jersey Stalking Defense Lawyers

In New Jersey, stalking is almost always treated very seriously by the prosecutor’s office. As in domestic violence cases, there is usually a special prosecutor that will handle a stalking case. Stalking is defined at N.J.S.A. 2C:12-10 as follows:


It is important to understand what “course of conduct” means because it is defined very broadly:


With this definition, the prosecutor could consider a host of things to be stalking – text messages, talking to common friends, driving by a house, Facebook comments, etc.

The crime is escalated to a 3rd degree crime if the conduct is in violation of an existing court order, like a temporary restraining order (TRO) or a permanent restraining order. Even without an existing court order, stalking is also elevated to a 3rd degree crime if it is a second offense against the same victim or if the defendant was in jail/prison at the time or out on parole. A 3rd degree crime carries a potential jail sentence of 3 to 5 years and a fine up to $15,000. Also – and this is very important – if a person is convicted of stalking, the judge must enter a permanent restraining order limiting or prohibiting contact between the defendant and the victim, pursuant to N.J.S.A. 2C:12-10.1. And a permanent restraining order may very seriously affect one’s ability to get a job and prohibits the person from owning a gun or other firearm.

New Jersey Harassment/Threats Defense Lawyers

Harassment is a much simpler case in New Jersey, but should still be taken seriously because a conviction could still have serious negative consequences for years into the future. Pursuant to N.J.S.A. 2C:33-4, harassment is essentially a one-time occurrence, whereby the defendant does something on purpose to harass another, buy communicating at inconvenient times of the day, using offensive or abusive language, or does some other type of “alarming” conduct. Also, any kind of assault (punching, shoving, kicking, etc.) is also considered harassment. Harassment is a petty disorderly persons offence, not a crime.

Threatening to commit an act of violence (i.e. an assault) is known as the crime of “terroristic threats” and is a 3rd degree crime pursuant to N.J.S.A. 2C:12-3. Although the statute uses the word “terroristic”, this law has nothing to do with terrorists. Rather, it criminalizes threats that are designed to terrorize another, or cause public alarm. As a 3rd degree crime, a conviction carries a potential jail sentence of 3 to 5 years and a fine up to $15,000.

Harassment / Threats / Stalking Crime Defense Approach (Why Us?)

As you can see, harassing a person, threatening a person, and/or stalking a person could subject you to a wide range of different penalties.  If you are charged with such a crime you will need a lawyer to protect your rights. It is possible for a prosecutor to use relatively benign facts and “blow them out of proportion” and charge you with very serious crimes. That is why we encourage everyone charged with harassment, terroristic threats, and/or stalking to take the case very seriously.  Our firm will fight vigorously for you and help you achieve the best results for your criminal case.  We are skilled at analyzing the evidence that the state intends to use against you and we fight to exploit any holes in the prosecutor’s case.  We also spend a considerable amount of time in negotiating with the prosecutor so that our client’s get the best plea offers possible.  Once a plea offer is made, we counsel our clients about whether it makes sense to accept a plea offer or take their case to trial, where the prosecutor would have to prove all of the charges beyond a reasonable doubt.

Harassment / Threats / Stalking Free Consultation


Please call us today for a free consultation!
(973) 742-1917


Raff & Raff, LLP
Attorneys at Law
30 Church Street
Paterson, NJ 07505
