Bernardsville Harassment Attorney NJ

“In this case, we successfully defended a client at trial facing multiple counts of harassment in Bernardsville NJ. The charges were completely dismissed.”

Harassment Criminal Charges NJ

Have you received a summons for a criminal charge for harassment in NJ? We can help. Here is an example of a real trial we handled for one of our clients.

Travis J. Tormey recently represented a client facing multiple counts of harassment in the Bernards Township Municipal Court. The case involved a man who lived in a condo complex in Bernardsville who had a dispute which another resident (who was on the Board) and the super (who runs the complex). Our client was not satisfied with the snow removal process during a storm and expressed his concerns to the board member which resulted in a heated argument. Insults were exchanged but the clear purpose of the communication was to express concern over the way the snow removal process was being handled.

A harassment charge in NJ, under N.J.S.A. 2C:33-4, requires:

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he or she:

a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.

Harassment Trial in Bernardsville Municipal Court – Not Guilty – Case Dismissed

On disorderly persons charges in NJ, the trials are held in Municipal Court before a Judge. The State has the burden of proof and will be represented by the Municipal Prosecutor who will call witnesses and present evidence in an attempt to prove the harassment criminal charges beyond a reasonable doubt. The defendant (or his attorney) can also present evidence and testimony but is under no obligation to do so. Then, the Judge will render an opinion either guilty or not guilty. If the defendant is found guilty, then they will be sentenced under NJ law.

In this case, they charged our client under subsections (a) and (c), saying that the argument included offensively coarse language and that this was a course of conduct because the defendant went back to speak to the Board member several times about the snow removal issues. In the end, the Judge dismissed the charges because the Court did not believe that the purpose of the defendant was to harass the Board member but merely to express his concerns and unhappiness with the snow removal process at the condo association. After the trial and the charges were dismissed, the super agreed to dismiss her charges voluntarily rather than go through another trial where they had a very low likelihood of success. This was a great result for our client and the Tormey Law Firm. Here is the review from our actual client regarding this case:

Kick Ass Attorney!

5.0 stars

Posted by John

August 16, 2016