It is against the law to commit any kind of domestic violence, whether it is emotional, physical, or sexual, by harassing, vandalizing, threatening, intimidating, hurting, or stalking another person. Most of these actions result in severe injuries and open doors to other criminal charges like computer crimes, assault, trespassing, and more. If you are facing severe stalking charges, it is crucial to have legal advice at every step.
Stalking is a significant crime, and if you are charged with it, you can benefit from the expertise and experience of a Pleasantville Stalking Attorney. At the Law Office of Matthew V. Portella, LLC, we have defense attorneys who can handle your stalking charges.
We are dedicated to assisting our clients from the time they get arrested, during prosecution, hearings, and every other step throughout the legal process. Our intention is to assist you in achieving the best possible case outcome, often, which leads to a case dismissal or reduced charges.
Foundations and Evidence of Stalking
Stalking is a criminal offense in Pleasantville, NJ, that is codified under N.J.S.A. 2C:12-10. Stalking is defined as purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.
Stalking crimes are mostly related to domestic relationship issues, but they are not limited to that. Various elements are necessary for proving the actual commission of a stalking charge as described in New Jersey penal code N.J.S.A. 2C:12-10, and they include:
- The offender repeatedly engaged in a “course of conduct” on two or more occasions;
- The offender specifically directed that course of conduct against the accuser
- That course of conduct would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.
Examples of a “course of conduct” include following the accuser, sending undesirable communication like phone calls, emails, texts, or sending unwanted gifts. Gathering too much information about the victim can also be a stalking crime.
Penalties for Stalking Crimes
A stalking crime is prosecuted as an indictable (felony) case, and the penalties can include:
- 4th Degree: maximum of 18 months in state prison and/or a $10,000 fine
- 3rd Degree: Maximum of 5 years in state prison and/or a $15,000.00
- Felony – interstate stalking: Maximum five years in federal prison or significant fines
How A Pleasantville, NJ Stalking Attorney Can Help
There are many ways a stalking attorney can defend your stalking charges in Pleasantville, NJ. The best strategy depends on your situation, but the Law Office of Matthew V. Portella, LLC, can help. One strategy is attacking each element of your case.
Our attorneys only need to create doubt for at least one of the elements to prevent the prosecution from proving their case. They can also focus on your lack of intent. It might not have been your intention to have unconsented content with the alleged victim.
We can also argue that there was no course of conduct. Our stalking attorneys are experienced in defending their clients and ensuring that they get the right judgment for their cases.
To learn more about how a Pleasantville NJ Stalking Attorney can help you, contact the Law Office of Matthew V. Portella, LLC, to schedule an appointment.