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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32591
Experience:  Began practicing law in 1992
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My name is ***** ***** Criminal Harrassment and Cyber

Customer Question

Hi My name is ***** ***** Criminal Harrassment and Cyber Harrassment in NJ. I'mt he victim
JA: Thanks. Can you give me any more details about your issue?
Customer: My boyfriend's ex wife has bee convicted twice within the last year of harassing me. NJSA 2C:33-4A on 3/25/15 and again on 8/26/15 She's at it again. This time it's via text message. I filed charges today.
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Submitted: 12 months ago.
Category: Legal
Customer: replied 12 months ago.
What I'm looking to find out is what is the punishment for harassment ? Since it happened via text message, the municipal court clerk told me she had to speak to the judge and it has to go to Superior Court as cyber harassment is an indictable offense in NJ. Since this is her first indictable offense with regard to cyber harassment is the Superior Court judge more inclined to give her PTI and no jail time or will they take her history of harassing me and 2 prior convictions in the last 10 months into consideration? Thank you.
Expert:  Dwayne B. replied 12 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Normally Cyber-harassment is a fourth degree felony which means a conviction would result in a felony record, with maximum* penalties of 18 months in prison, and a fine of up to $10,000.

If there are "mitigating factors", cyber-harassment may be charged as a crime of the third degree. Specifically, the crime will be charged as a third degree offense when the person committing the offense is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor. Third degree cyber-harassment is punishable by 3-5 years in prison, and a fine of up to $15,000.

The judge will almost certainly take her history into consideration and may give her at least some jail time to serve as a condition of probation, especially if you talk to the DA and let them know you would like for her to do at least some jail time. The amount will vary and there is no way to accurately guess what the judge will give.

Customer: replied 12 months ago.
Wow thanks for that info. I guess I'm wondering if they will give her a slap on the wrist since its the first time she's been charged with an indictable offense. I understand that the judges take cyber bullying and cyber harassment very seriously with kids and college age people but this is a 46 year old doctor who refuses to stop harassing me. I'm afraid they will say oh we don't want her to have a problem finding a job. What is the least amount of jail time they would / could issue for cyber harassment? One day? Or is it entirely up to the judge and subjective. This being a new law and all, I couldn't find any case law on it.
Expert:  Dwayne B. replied 12 months ago.

They don't have to issue any jail time. The judge can choose to just give her probation.

Expert:  Dwayne B. replied 12 months ago.

You may want to go and discuss this with a local lawyer. There is a possibility you could file an ethical complaint against her with the state board. That's something you would want to discuss with a lawyer in person though.

Expert:  Dwayne B. replied 12 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.