Courts we serve

Site Disclaimers

This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.

Hackensack NJ Stalking Attorney

Fairview NJ Stalking Lawyers

Stalking is a very serious offense, normally it is crime of the fourth degree (felony) but can be elevated to a crime of the third degree if certain additional elements are met (see below).  In addition to the potential for a felony criminal record if convicted, a defendant may also face either a Temporary or Final Restraining Order.  Stalking is considered to be one of the main offenses which can be used to help solidify both a temporary and/or final restraining order, the other typical offenses are harassment and terroristic threats. Also, the underline conduct for a stalking charge has changed over the years.  Traditionally, a stalking case usually amounted to a he said she said type of matter.  However, with the sudden rise in social media websites and text messaging, stalking cases have changed drastically and not for the better. Law enforcement has taken a more aggressive approach when it comes to investigating these types of charges.  The Law Offices of Marshall, Bonus, Proetta & Oliverhas seven criminal defense attorneys on staff waiting to assist. If you or a loved one has been charged with stalking, simple assault, terroristic threats, harassment, aggravated assault or assault by auto in towns like Lodi, Paramus, Teaneck, Ramsey, Englewood, Fort Lee, Montvale, Saddle Brook, Palisades Interstate Park, River Edge or anywhere else in Bergen County we can help. Below is some important information with regards to a stalking charge.

Stalking Attorneys in Montvale NJ: N.J.S.A. 2C:12-10

The governing statute in New Jersey for stalking is N.J.S.A. 2C:12-10. If you have been charged with a fourth degree stalking offense, the prosecution must prove beyond a reasonable doubt three material elements:

  1. That the defendant engaged in speech and/or conduct that was directed at or towards a person;
  2. That the said speech or conduct occurred on at least two separate occasions; &
  3. That it was the defendant purpose to engage, either directly or indirectly or through a third party in a course of conduct that would cause a reasonable person to fear for their safety or the safety of a third person or suffer other emotional distress.

If you have been charged stalking in the third degree, in addition to the above elements, the state must prove that the:

  1. Stalking was in violation of a court order or
  2. It was a second or subsequent offense by the defendant against the same victim; or
  3. It was committed while the defendant was serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense (felony).

The conduct or speech that is the center of the alleged stalking charge must cause the ordinary person to believe the immediacy of the threat and the likelihood that it will be carried out.  It is a reasonable person standard which leaves an experienced criminal defense attorneys a lot of room to defend these types of charges

Due to the nature of this offense, the necessary evidence is normally not readily available and often requires a very thorough police investigation to gather the required proof. Therefore, if you or a loved one is charged with stalking it is imperative that you speak to an experienced criminal defense attorney prior to making any statements to the police as any statements that you make will be used against you.

Applicable Penalties for Stalking Convictions in NJ

If you have been convicted of stalking in the fourth degree, there is a presumption of non-incarceration, however, that presumption may be overcome and the defendant may be sentenced up to eighteen (18) months in a New Jersey State Prison.  If you have been convicted of stalking in the third degree, there is also a presumption of non-incarceration, however, just like stalking in the fourth degree that presumption can be overcome and a defendant may be sentenced up to five (5) years in a New Jersey State Prison. In addition to the potential prison term, the defendant may also be subject to a potential temporary and/or final restraining order, which can have even more severe consequences.

Lyndhurst NJ Ridgefield NJ

Stalking has become a very serious offense, one which law enforcement take very seriously when investigating. If you have any further questions with regards to the offense of stalking please feel free to contact any one of our Bergen County Offices for a free initial consultation about your pending charges.

Call Our Hackensack Office

Or contact our office online to schedule a free consultation to discuss your unique charges with one of our experienced and qualified attorneys.

Schedule a free consultation

Site Disclaimers

This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.