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Question: Criminal Defense - New Jersey

Asked on 10/29/2009
NJ LAW 2C:33-4C
What is the possible punishment if convicted of New Jersey Law 2C:33-4C?

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Answers (3):

B. B., Member in Good Standing of the New Jersey Bar


Harassment is a petty disorderly persons offense, the least serious level of criminal law violation in New Jersey.  It's punishable by a fine of up to $500, and you can be jailed for up to 30 days.  There are also various court fees and surcharges, that add to the cost of a conviction.  If what you did caused any property damage, you can also be ordered to pay restitution, in addition to the fine.



  • Answered on 10/29/2009
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2C:33-4 is Harassment. It can be either a PDP (petty disorderly persons) offense or a 4th degree offense (if you're serving time or probation or parole as a result of an indictable conviction). The PDP carries a maximum of 30 days in jail, along with the accompanying fines and court surcharges. It is not a crime under New Jersey law, so your record remains "clean" after a PDP conviction. It can be expunged after a period of five (5) years (see 2C:52-3). With the exception of a municipal ordinance, it is the least serious offense you can plead "guilty" to. Call me at either (732)932-7226 (office) or (732)710-0004 (cell). 



  • Answered on 10/29/2009
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The maximum penalty for a disorderly persons offense is 6 months in jail, but that penalty is usually unlikely.  Harassment is often improperly charged, and difficult for the state to prove, since it is the only offense cognizable in municipal court where the State has to prove the highest mens rea (criminal intent) standard or purpose to harass.  Courts have held, for example, that cursing out a 911 dispatcher is not harassment since the purpose was not to harass.  If the matter is in the shore area (Ocean or Monmouth Counties), feel free to call my office at 732-793-8808.

Jim Fennessy



  • Answered on 10/29/2009
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