Hackensack NJ Cyber Harassment Attorneys

Criminal cyber harassment charges can arise out of many different situations. It can be from a co-worker, or a lover that you find yourself being charged with cyber harassment. The governing statute in New Jersey for Criminal Cyber-Harassment is N.J.S.A. 2C:33-4.1.  This crime is considered an indictable (felony), thus subjecting anyone convicted of a potential eighteen (18) months in New Jersey State Prison and up to a $10,000.00 fine. In addition, if convicted you will have a criminal record, a record that is not eligible to be expunged for at least five (5) years. As you can tell these are rather serious charges and ones that should not be taken lightly. Our law firm, the Law Offices of Jonathan F. Marshall, has the experience and knowledge to defend these charges since we have:

  • Over two-hundred (200) years of combined experience
  • A team of ten (10) criminal defense attorneys that devote their entire practice to criminal law
  • Our firm has seven (7) former prosecutors
    • Three (3) of our attorneys were former assistant county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, Juvenile Division
  • One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
  • One (1) of our lawyers was recently selected to Super Lawyers Rising Stars 2020 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that selects only 2.5% of the attorneys in New Jersey to this list
  • Selected to the National Trial Lawyers Top 100 and Top 40 Under 40

The Law Offices of Jonathan F. Marshall has been defending individuals charged with cyber-harassment, harassment, simple assault, disorderly conduct, shoplifting, stalking and terroristic threat throughout Bergen County, including towns like Paramus, Hackensack, Little Ferry, Fort Lee, Elmwood Park, Palisades Interstate Park, Ramsey, Saddle Brook, Rutherford and Fair Lawn for over fifteen (15) years.  If you or anyone you know has been charged with harassment please feel free to contact our offices located in Hackensack, Fort Lee, or Paramus at 201.429.9783 for a consultation. We are available around the clock to help assist in any way possible and our initial consultations are always free. Here is some information, including the necessary elements about harassment.

Criminal Cyber Harassment: N.J.S.A. 2C:33-4.1

In order for the State to obtain a conviction for a cyber-harassment charge (N.J.S.A. 2C:33-4.1), the Bergen County Prosecutor’s Office must prove the following three (3) elements beyond a reasonable doubt:

  1. That the defendant made a communication in an online capacity (any electronic device or through a social networking site);
  2. That his/her purpose was to harass another; and
  3. That the defendant :
    1. (a) threatens to inflict injury or physical harm to any person or the property of any person;
    2. (b) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
    3. (c) threatens to commit any crime against the person or the person’s property.

It’s pretty clear that New Jersey criminal cyber harassment is expansive. N.J.S.A. 2C:33-4.1 applies to all forms of electronic communication. This includes, but is not limited to, emails, text messages, social media posts, direct messages, tweets, videos on YouTube/TikTok/Snapchat. However, the message the defendant conveyed must not only have the intent to harass on an online capacity, but also include:

  • Threats to commit a crime against a person or the person’s property.
    • The common scenario with this is if the defendant posts on social media that the alleged victim is going to get robbed or the defendant posts that they’re going to burn the alleged victim’s house down.
  • Threats to inflict personal injury;
    • The common scenario with this is when the defendant either posts to social media or sends message to the alleged victim that they’re going to get beaten up or assaulted.
  • Sending lewd, indecent or obscene material
    • This likely involves what we now know as ‘revenge porn’, where the defendant threatens or does send naked or explicit pictures/videos of the alleged victim.

Potential Penalties if Convicted:

As stated earlier, cyber-harassment, in violation of N.J.S.A. 2C:33-4.1, is a indictable (felony). If convicted, a defendant may face up to eighteen (18) months in State Prison and up to a $10,000.00 fine. In addition, the defendant may be facing either a temporary or final restraining order, which can make things very difficult if granted. If you or your loved one’s cyber-harassment charge arose out of a domestic violence dispute (i.e. girlfriend/boyfriend, husband/wife, father/son, roommates) then you or your loved one will be required to surrender any and all guns and will be prohibited from owning any guns in the future if convicted.

Cyber-Harassment Lawyer in Paramus NJ

The Law Offices of Jonathan F. Marshall has over 200 years of combined experience on staff. If you or a loved one has been charged with harassment, stalking, criminal mischief, a temporary restraining order in Bergen County it is imperative that you speak to a qualified criminal trial attorney as the essential defense evidence may dissipate quickly. If you have any other questions or concerns regarding potential harassment charges please feel free to contact our Hackensack Office at 201.429.9783 for a free initial consultations. Our office serves all of Bergen County including towns like Fort Lee, Paramus, and Hackensack.