What is Harassment in N.J.S.A. 2C:33-4 – New Jersey Criminal Defense Lawyer

Harassment is one of the trickiest domestic violence predicate acts to define in New Jersey. It can take many forms, and the circumstances change significantly from case to case. What might be considered harassing under some circumstances might be merely annoying under others. Having seen these cases from both sides, the BLG team of former prosecutors breaks down the elements of harassment and explains why there is more to this offense than meets the eye.

Harassment goes beyond actions that simply annoy others. In New Jersey, harassment is a specific offense that prohibits a wide variety of actions. When conduct is perceived as extremely persistent, threatening, or is accompanied by physical contact (threatened or actual), it can lead to criminal charges. Because harassment often falls alongside assault or terroristic threats, every case must be handled with the utmost care and precision.

The Rise of Cyber-Harassment

Cyber-harassment is one of the more recent offenses on the books in NJ and is highly nuanced. Striking the balance between protecting free speech and protecting victims of online bullying, the statute requires very specific elements to be proven. As more interactions take place in the digital realm, these charges have become increasingly common, carrying serious consequences for those accused of online misconduct.

Watch the videos above as Former Assistant Prosecutor Dave Bruno, Former Morris County Prosecutor Bob Bianchi, and Former Assistant Prosecutors Danielle Esposito and Kayla Rowe discuss the consequences of conviction and the factual findings judges must make on the record during restraining order hearings.

What are the Penalties for Harassment in New Jersey?

Under N.J.S.A. 2C:33-4, Harassment is typically classified as a petty disorderly persons offense. This is generally punishable by up to thirty days in county jail, along with monetary fines or restitution. However, harassment can be elevated to a fourth-degree crime if the actor was serving a term of imprisonment or was on parole or probation for an indictable offense at the time of the act.

Beyond criminal penalties, a harassment charge can lead to a victim filing a restraining order against the aggressor. A Final Restraining Order (FRO) can gravely affect your professional and personal life, including your employment opportunities and second amendment rights.

What are my Options if I’ve Been Accused of Harassment?

If you have been accused of harassment or cyber-harassment, you must contact an attorney as soon as possible. The quicker you consult with qualified legal aid, the stronger your defense strategy will be. Depending on the facts of your case, your attorney may work to have the charges dismissed, negotiate a plea for minimal penalties, or defend your positioning before a judge by leveraging state and federal law.

Every case is unique and requires different methods of defense for the best possible outcome. It’s important to remember that anyone accused of a crime in the United States is entitled to a fair trial and legal representation.

What is the First Step?

The Bianchi Law Group, LLC is located in Parsippany, New Jersey. We are a team of former prosecutors who aggressively fight the government when our clients are charged with crimes. Both Bianchi and Bruno regularly lecture to other NJ lawyers in the area of criminal law and are frequently featured in national media to discuss complex legal issues.

Call 862-210-8570 today to schedule your free, no-obligation consultation, or visit our website at bianchilawgroup.com to learn more about your rights.

No aspect of this attorney advertisement has been approved by the Supreme Court of New Jersey.