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Stalking

Jackson NJ Stalking Attorneys

Courts take stalking very seriously and impose stiff penalties on those convicted of this offense in Ocean County. Law Offices of Jonathan F. Marshall understands just how high the stakes can be in terms of your future that this is why its attorneys focus so hard on doing whatever it takes to avoid a conviction for a stalking charge. If you have been accused of stalking, you need retain a qualified attorney with this level of commitment to insure that you rights are fully protected. The lawyers on our defense team possess over 100 years of experience defending stalking charges arising in Toms River, Brick, Jackson, Berkeley, Lacey and other municipalities in Ocean County. One of our former prosecutors is ready to conduct a detailed analysis surrounding your matter so that an effective plan to escape an unfavorable outcome. A lawyer is available for a complementary consultation by contacting our Toms River Office now at (732) 286-6500.

Charged with Stalking in Ocean County New Jersey

When pursuit of another individual crosses the line from normal to obsessive, an individual is exposed to a stalking offense under N.J.S.A. 2C:12-10. Far more than an accusation will be necessary, however, for you to be convicted of this charge. Several elements must be established beyond reasonable doubt in order for you to be guilty of stalking and this, unlike many other offenses, is based on a objective person standard. There is only a violation if a reasonable person in the shoes of the victim would have believed that there was an imminent threat posed by the accused. More specifically, the prosecutor must prove that the accused:

  1. Engaged in speech or conduct directed at another person;
  2. On at least two occasions;
  3. The speech or conduct was capable of placing a reasonable person in fear; and
  4. Knowingly, recklessly or negligently caused the victim to fear bodily injury or death.

See H.E.S. v. J.C.S., 175 N.J. 309 (2003). Each and every one of these elements must be established by the state in order to convict you for stalking.

Grading of a Stalking Offense. Stalking is a fourth degree crime but is enhanced to a third degree crime if one of three circumstances exist (e.g. offense committed when a restraining order is in place, this is the second or subsequent incident of stalking this victim by the accused or the defendant was on parole/probation when the incident occurred).

Penalties for Stalking. The penalties for fourth degree stalking include a fine of up to $10,000 and up to 18 months of imprisonment. Third degree stalking results in maximum penalties that include a $15,000 fine and 5 years in state prison.

Restraining Order. A conviction for stalking automatically results in entry of a final restraining order in favor of the victim.

Brick NJ Stalking Lawyers

The consequences of a plea or finding of guilt to stalking can obviously be life altering so hiring the right attorney to defend you is imperative. Our lawyers are savvy advocates who have been defending individuals against stalking charges in  South Toms River, Ocean Township, Lakewood, Manchester, Plumsted and elsewhere in the county for several decades. Several members of our defense team also possess extensive experience learning how the court system works from the other side as prosecutors. An attorney at Law Offices of Jonathan F. Marshall is available around the clock to provide assistance with bail and any other issues surrounding your stalking case. To reach a lawyer immediately, contact our Toms River Office at (732) 286-6500.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
★★★★★
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
★★★★★
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
★★★★★
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