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The Law Offices of Proetta & Oliver

Hudson County

Criminal Defense Lawyer

"We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey."

- William A. Proetta, Esq.

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Stalking 2C:12-10

Hoboken NJ Stalking Lawyer

Attorney For Stalking Charges in Hudson County, New Jersey

When someone hears the word “stalking” their mind normally jumps right to thoughts of a serial killer or rapist. However, stalking charges are relatively common in New Jersey and normally involve a scoured ex-lover or even a feud between neighbors. That is why it is common to see stalking charges paired together with harassment complaints. Nevertheless, our state takes stalking charges extremely seriously and if you are found guilty, you will receive a felony conviction and Final Restraining Order as well as face incarceration in prison. The firm’s founding attorney, Will Proetta, Esq., has successfully represented clients against thousands of criminal and municipal charges including stalking charges. Proetta & Oliver represents clients for stalking throughout New Jersey including North Bergen, Hoboken, Union City, Secaucus, Weehawken, Newark, Harrison, and Guttenberg. If you would like to speak with an experienced stalking defense attorney then please contact our Jersey City Office at (201)793-8018 for a free initial consultation.

The New Jersey Law For Stalking Statute: 2C:12-10

Below, we have listed the law on stalking in New Jersey, in pertinent part, for your convenience.

§ 2C:12-10. Stalking

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.

Hudson County NJ Stalking & Restraining Order Attorney

As illustrated in the statute above, stalking is an indictable offense so it will be handled in the County Superior Court. It is typically graded as a fourth degree indictable felony which is punishable by up to 18 months in prison. However, in cases where the defendant is a repeat offender, the defendant is on probation, or the offense is in violation of an already an existing restraining order – the stalking charge is upgraded to a third degree felony which is punishable by up to 3 – 5 years in state prison. For reasons like these, stalking can be a very complicated and sometimes difficult case to defend. Our lawyers will challenge the proofs of the state’s case against and work with the prosecutor toward a downgrade, dismissal, or to secure admittance in Pre-Trial Intervention. We represent clients charged with stalking throughout New Jersey including Bayonne, Montclair, Kearny, Bloomfield, West New York and Nutley. For additional information regarding stalking or other domestic violence charges in New Jersey, contact our Jersey City office anytime for a free initial consultation at (201) 793-8018.