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Criminal

DA2-80

Criminal

Attorney Perez is experienced in many criminal cases such as assaults, domestic violence, DWI/DUI, possession of controlled substances, harassment, trespassing, cyber harassment, and others. Attorney Perez looks at your case in a personal way to ensure an adequate defense is provided.

Attorney Perez dealt with many criminal cases so if you have a criminal case and need legal help call our office (908) 848-7228.

Below are the status for some of the cases mentioned above.

Harassment (N.J.S.A. 2C:33-4)

In order to commit the crime of harassment, a person must intend to harass another person. An example of harassment is where someone communicates with you at inconvenient hours or uses rude and profane language. A person may harass you by using email, regular mail, phone calls, texting, face-to-face communications, or any other way that sends a message from the abuser to you. The communication must annoy or alarm you.

A person may also be guilty of harassment if that person contacts you in an offensive way. Offensive contact includes acts that are annoying, insulting, or embarrassing to you, such as hitting, kicking, pushing, and touching. This type of act may be considered to be harassment whether or not you have been injured. Threatening to do any of these acts may also be considered harassment.

If someone does things that are meant to scare or seriously annoy you, and these actions are repeated, that person may also be guilty of harassment.

Contempt of a domestic violence restraining order (N.J.S.A. 2C:29-9)

If you already have a temporary restraining order or a final restraining order and the defendant/abuser calls, emails, texts, shows up at your home or work, or in any way contacts you, that is a violation of the restraining order. The violation should result in the arrest of the defendant. In the case of a temporary restraining order, the violation would allow you to go to court to amend (add information to) the temporary restraining order by including contempt of a domestic violence order as an additional crime for the court to consider in the trial for the final restraining order.

Assault (N.J.S.A. 2C:12-1)

The most common example of an assault is when an abuser hits a victim. An abuser may harm a victim or try to harm a victim. The harm may be done with or without a deadly weapon. If an abuser threatens to harm you, this may also be considered an assault. For example, an abuser may knowingly have threatened you with a gun, whether or not it was loaded, and may not have cared that you could have been hurt. In any of these cases, an abuser may be guilty of assault.

In cases where you have actually been harmed, you must feel a sensation of pain for it to be an assault. It does not have to be very painful—it can be as simple as the sting felt when someone slaps you.

Cyber-harassment (N.J.S.A. 2C:15-1)

Cyber-harassment is when someone threatens online to harm you or your property or someone else or their property. It is also when someone posts, comments, requests, suggests or proposes any “indecent” or “obscene” material about you with the intent to emotionally harm you or place you in fear of physical or emotional harm. If someone uses Facebook, Instagram, Snapchat or another online forum to threaten you with harm or if someone posts intimate photographs of you online or threatens to do so, they may be committing cyber-harassment.

Criminal trespass (N.J.S.A. 2C:18-3)

If someone enters or hides out in a house or other building and does not have permission to be there, that person may be guilty of criminal trespass. The person must also know that he or she needed permission or did not have permission to be there.

Some places will not allow people to enter. There might be a guard keeping people out of a building or part of a building, a sign telling people not to enter, or a fence or locked door blocking people from entering. If a person ignores restrictions such as signs, locked doors, fences, or a security guard and enters anyway, that person may be guilty of criminal trespass.

There are times when people do not expect to have anyone watching them, such as when they are sleeping or in the bathroom. If someone is peeking in through windows to watch another person in a home and the person being watched did not reasonably expect to be watched, the person peeking may also be guilty of criminal trespass.