Stalking Defense Attorneys in Trenton NJ
If you have been arrested and charged with stalking in Mercer County it is imperative that you speak to an experienced criminal defense attorney about your options. Under most circumstances, stalking will be considered an act of domestic violence. Therefore, under the new bail guidelines which came into effect in January of 2017, a Defendant will most likely find themselves being detained for at least 48 hours in the Mercer County jail pending a detention hearing. On top of that, if the Mercer County Prosecutor’s Office is successful during the detention hearing, the Defendant may find themselves held without bail pending trial. Furthermore, a Defendant convicted of stalking in New Jersey faces up to five years in a New Jersey State Prison as well. To top that all off, since stalking could be considered an act of domestic violence, a Defendant could also find themselves being served with a temporary restraining order as well. So, as you can tell, stalking is a very serious offense and one that should not be taken lightly.
If you or a loved one is charged with stalking, harassment, criminal mischief, terroristic threats, aggravated assault or burglary in Mercer County, the Keith Oliver Criminal Law can help. Our office has been defending clients charged with stalking for years. We understand exactly what the prosecution needs to prove in order to obtain a conviction. If you would like to come into our office to have a face to face consultation with Mr. Oliver or Mr. Proetta then please contact us at (609) 789-0779. Our office appears in courts throughout Mercer County, including courts like the Mercer County Superior Courthouse, the Hamilton Municipal Court, the Princeton Municipal Court, the West Windsor Municipal Court, the Lawrenceville Municipal Court and the East Windsor Municipal Court. If you have any questions please do not hesitate to contact us. Now here is some key information on stalking including what the prosecution must prove beyond a reasonable doubt in order to convict someone of stalking in New Jersey.
Stalking Attorneys in Princeton NJ: N.J.S.A. 2C:12-10b
Stalking is either a third or fourth degree felony offense in New Jersey. This offense is governed by N.J.S.A. 2C:12-10b. In order to be convicted of stalking in the fourth degree, the prosecution must prove beyond a reasonable doubt that:
- The Defendant purposely or knowingly engaged in a “course of conduct” that was direct at the victim; &
- The Defendant’s conduct would cause a reasonable person to:
- Fear for their safety; or
- Fear for the safety of another; or
- Suffered emotional distress.
In order to be convicted of stalking in the third degree the prosecution must prove beyond a reasonable doubt one of the following elements:
- The Defendant violated an existing court order prohibiting such conduct (i.e. Final Restraining Order);
- The Defendant committed a second or subsequent offense of stalking against the same victim; or
- The Defendant was serving a term of imprisonment or was on parole or probation for a prior felony conviction.
Ways to Attack Stalking Charges in NJ
The “course of conduct” and “reasonable person” elements of the statute gives an experienced Mercer County criminal defense attorney an opening to attack. Those two elements are very subjective and can lead to extensive litigation. If you would like to discuss your options with one of attorney’s then please contact us at (609) 789-0779.
What are the Penalties for Stalking in NJ?
Stalking can be either a third or fourth degree felony in New Jersey. A third degree felony stalking conviction subjects a Defendant to the following penalties; three to five years in a New Jersey State Prison, a fine up to $15,000, probation and a felony criminal record. Conversely, a fourth degree felony stalking conviction subjects a Defendant to the following penalties: up to eighteen months in a New Jersey State Prison, a fine up to $10,000, probation and a felony criminal record.
Depending on the Defendant’s prior record, they may be eligible for the Pretrial Intervention Program (PTI). PTI is a diversionary program in New Jersey whereby if the Defendant completes certain conditions, the pending felony charges will be outright dismissed. Thus, leaving the Defendant not only without a criminal record but without serving a day in jail as well.
Experienced Stalking Attorneys in Robbinsville NJ
If you have been charged with stalking, terroristic threats, harassment, possession of cocaine, possession of heroin, false imprisonment, sexual assault or endangering the welfare of a child, the Keith Oliver Criminal Law can help. Our office serves all of Mercer County, including towns like Robbinsville, Hamilton, Trenton, Ewing, Hopewell and Hightstown. If you would like to discuss your options with Mr. Oliver then please contact us at (609) 789-0779. We are available around the clock to help assist in anyway possible.