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Stalking Defense Lawyers in Mount Holly NJ

Stalking charges are rarely filed in New Jersey. Typically, stalking charges stem from a previous domestic relationship between two parties. This means that Stalking charges could fall under the category of Domestic Violence. Whether you are charged with stalking your ex-wife or former boyfriend, the penalties for stalking are severe and could result in your pretrial detention. If you have been arrested and charged with Stalking, harassment, aggravated assault, criminal mischief, terroristic threats or received a temporary restraining order, contact a Mount Holly Criminal Attorney today. New Jersey Bail Reform Guidelines allow Prosecutors to seek pretrial detention in certain criminal offenses, particularly those involving domestic violence. It is important that you have representation on your behalf for these pretrial detention hearings at the Burlington County Superior Court. For an immediate consultation with an attorney, please contact our office at (609) 850-8284. We can be reached 24/7 for your convenience.  

Firm Partner, William C. Fay, Esq., leads our Burlington County Criminal Practice group at Proetta, Oliver & Fay. Having spent part of his career with the New Jersey Attorney General’s Office, Mr. Fay is a multitude of cases. Proetta, Oliver & Fay handles cases throughout Burlington County, including courts like the Pemberton Municipal Court, Mount Holly Municipal Court, Evesham Municipal Court, Bordentown Municipal Court, Mount Laurel Municipal Court, Burlington Township Municipal Court, Moorestown Municipal Court, Florence Municipal Court, Maple Shade Municipal Court and Westampton Municipal Court. If you have any questions at all about your criminal charges for Stalking, please call our firm at (609) 850-8284.

Florence NJ Stalking Lawyers

The law that pertains to Stalking falls under N.J.S.A. 2C:12-10(b). Pursuant to this statute, the State is required to prove certain elements beyond a reasonable doubt in order to obtain a conviction. Typically, Stalking is a fourth degree criminal offense and it requires proof of the following two things:

  1. The Defendant purposely or knowingly engaged in a “course of conduct” that was directed at the victim; AND
  2. This conduct would cause a reasonable person to (a) fear for their safety; (b) fear for the safety of another; or (c) suffer emotional distress.

However, Stalking can be elevated into a third degree criminal offense when the same factors exist for a fourth degree charge (see above) and one of the following additional factors is present In order to be convicted of stalking in the third degree the prosecution must prove beyond a reasonable doubt one of the following elements:

What are NJ Stalking Penalties?

The penalties associated with Stalking charges will depend upon the degree of the charge (described above). Third Degree Stalking charges carry between three (3) and five (5) years in a New Jersey State Prison, a $15,000 fine, a No Contact Order, a period of probation and a criminal record. Conversely, Fourth Degree Stalking charge carry up to eighteen (18) months in a New Jersey State Prison, a $10,000 fine, a No Contact Order, a period of probation and a criminal record. can be either a third or fourth degree felony in New Jersey. These penalties are subject to judicial discretion and the defendant’s prior criminal history. You should consult with an attorney for more information on New Jersey’s Sentencing Guidelines. 

Can I Get Pretrial Intervention for Stalking Charges?

New Jersey has multiple “Diversionary Programs” that are available to defendants facing criminal charges. For those individuals who have no prior indictable record you may be eligible for participation in Pretrial Intervention, commonly referred to as PTI. Under this program, you could be afforded a postponement of your case pending completion of a term of probation. Should you successfully comply with the terms of probation, then the Court can move to dismiss your charges entirely, without placing any criminal conviction on your record. This program is subject to the discretion of the Burlington County Prosecutor’s Office. Therefore, even certain eligible defendant’s may be rejected from admission. 

Burlington Township NJ Stalking Charges

Whether you were the one charged or it was your child, sister, brother or significant other, it is important that you consult with an experienced criminal attorney about these Stalking charges. These types of cases is treated as an indictable felony offense and they can result in possible incarceration plus a criminal record. If you would like to speak with a Burlington County Criminal Attorney today about your charges, please contact our office directly at (609) 850-8284. The initial consultation is provided free of charge for your convenience. Please do not hesitate to contact our firm with any questions or concerns.

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.

Burlington Office

525 Highway 73,
Suite 104, Marlton,
New Jersey 08053
Phone: 609-850-8284
By Appointment Only

Hamilton Office

100 Horizon Center
Boulevard, Hamilton,
New Jersey, 08691
By Appointment Only

Point Pleasant Office

3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only

Middletown Office

180 Kings Highway,
Middletown Township,
New Jersey 07748
By Appointment Only