Do You Need a NJ Municipal Court Attorney for a Harassment Charge?
In New Jersey, a harassment charge is a disorderly persons offense, meaning the Municipal Court will have jurisdiction. A harassment charge can stem from a simple fight between two individuals, a damaged friendship, a formerly intimate relationship, especially with a girlfriend or boyfriend or an ex-spouse, or from several other circumstances. This charge must be taken seriously.
What Type of Conduct is Considered Harassment
A harassment charge gives a prosecutor significant discretion. For this reason, New Jersey harassment laws are broad, stating a person will be guilty of harassment if he or she:
- Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
- Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
- Engages in any other course of alarming conduct or of repeatedly committed acts with the purpose to alarm or seriously annoy such other person.
As you can see, all three parts of the statute are relatively vague. The third element, in particular, states that harassment can be any other “alarming conduct” intended to alarm or seriously annoy another person. The broad language entitles prosecutors to charge harassment for offenses not listed in the statute. Luckily, the New Jersey Courts have made it clear that specific facts must be shown for you to be convicted of harassment. The Court has stated that “intent” must be shown, meaning you must have had as your purpose the harassment of another person when committing the harassing act. Also, New Jersey Courts have stated that the victim must be disturbed, irritated, or bothered to a consequential degree, meaning the Courts will look at the impact the conduct had on the victim in determining whether it qualifies as harassment. Obviously, these determinations can be highly subjective, meaning the Municipal Court Judge will determine each charge on a case-by-case basis. Since the prosecutor (remember, he or she is a lawyer) can make a strong case for harassment based on the broadness of the statute, it is of the utmost importance that you have an experienced harassment defense attorney by your side to defend against these charges.
What Penalties May Result From a Harassment Conviction?
Convictions in Municipal Court are significant, and a harassment conviction is no exception. The Judge can sentence you (if found guilty of harassment) for up to six months in prison, impose a fine of up to $1,000, assess numerous court fees, and require a certain number of hours of community service. Additionally, you will have a harassment conviction placed on your permanent criminal record. This record can be seen by all future employers, schools, and professional licensing bodies, making it more difficult for you to get a job, get into school, or obtain a career license. A harassment charge on your permanent criminal record will remain unless you petition for and are granted an expungement. You are not eligible for expungement for 5 years. Please call Fredrick P. Niemann, an experienced municipal court attorney, today at (732) 863-9900 or email him at fniemann@hnlawfirm.com. You can meet privately and confidentially.
Don’t place your future in the air by failing to defend yourself to the best of your ability.
CALL MR. NIEMANN TODAY.
Why Is It Important to Have a Good Lawyer to Defend Against a Harassment Charge?
As previously discussed, we have seen the broadness of the New Jersey Harassment statute. Each case, therefore, comes down to the Municipal Court’s subjective interpretation of whether the conduct allegedly committed by you constitutes harassment under the statute. Because of the broad language, prosecutors have the discretion to label specific actions as harassment, even when a reasonable person would not consider them such. Without proper representation, the prosecutor often has an easy path to a harassment conviction. Without an experienced New Jersey harassment Municipal Court attorney who can prove your actions do not constitute harassment, you will be left to yourself and the Judge.
Fredrick P. Niemann Esq.
Harassment charges in Municipal Court need to be taken seriously. Because of the broad statute, it is essential to have an experienced New Jersey attorney by your side to defend you against a harassment charge. Call Fredrick P. Niemann, Esq., a knowledgeable Municipal Court attorney, today at (732) 863-9900 or email him at fniemann@hnlawfirm.com. He is happy to meet with you to discuss your case