Burlington County Stalking Lawyer — What Are Your Defense Options?
Stalking in Burlington County is a serious crime under N.J. Stat. § 2C:12-10, often charged as a fourth-degree offense with penalties up to 18 months in prison. Law Offices Of SRIS, P.C. provides defense for those accused of harassment, cyberstalking, and violating restraining orders. If you need a stalking lawyer near me Burlington County, contact us for a case review.
New Jersey Stalking Law and Penalties
In New Jersey, stalking is legally defined as a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer other emotional distress. This is codified under N.J. Stat. § 2C:12-10. The statute covers a wide range of behaviors, including following, monitoring, threatening, or repeatedly communicating with someone against their will.
Last verified: April 2026 | Burlington County Superior Court | New Jersey Legislature.
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience handling criminal charges like stalking.
Official Legal Resources
Understanding the specific law you are charged under is critical. You can review the official stalking statute, N.J. Stat. § 2C:12-10 (official New Jersey Legislature). For local court procedures and forms, visit the Burlington Vicinage website.
Local Court Process for Stalking Charges
In Burlington County, stalking cases are typically heard in the Superior Court, Criminal Division. Prosecutors often pursue these charges aggressively, especially when a temporary restraining order (TRO) is already in place. An affordable stalking lawyer Burlington County can challenge the evidence that the alleged conduct was willful and caused fear.
- Arraignment: You will be formally charged and enter a plea of not guilty in Superior Court.
- Discovery: Your attorney will obtain all evidence from the prosecution, including witness statements, digital records, and police reports.
- Pre-Trial Motions: A key phase where your lawyer may file motions to suppress evidence or dismiss charges if constitutional rights were violated.
- Plea Negotiations: Your attorney will negotiate with the prosecutor, often seeking a reduction to a disorderly persons offense or a diversion program.
- Trial: If no plea agreement is reached, your case will proceed to a jury trial where the state must prove guilt beyond a reasonable doubt.
Potential Penalties for Stalking in New Jersey
In Burlington County, a stalking conviction carries severe penalties, including prison time, fines, and a permanent criminal record.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Stalking (Standard) | Crime of the 4th Degree | Up to 18 months | Up to $10,000 | Restraining Order, No Contact Order |
| Stalking (2nd+ offense or violates TRO) | Crime of the 3rd Degree | 3-5 years | Up to $15,000 | Potential parole ineligibility, permanent firearm ban |
| Cyber-Harassment | Crime of the 4th Degree | Up to 18 months | Up to $10,000 | Forfeiture of devices used in the offense |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Stalking Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a former prosecutor’s insight to building a strong defense. We scrutinize the prosecution’s evidence for lack of intent, mistaken identity, or First Amendment-protected activity. Mr. Sris, the firm’s founder, provides strategic oversight on all major cases.
Case Results and Client Advocacy
Our firm has a documented record of achieving favorable outcomes in stalking and harassment cases. We work to have charges dismissed, reduced, or resolved through pre-trial intervention (PTI).
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Burlington County Stalking Defense Attorney
If you are under investigation or have been charged, immediate action is important. Our Burlington County location is centrally accessible for court appearances. We serve clients throughout the county, including in Mount Laurel, Willingboro, and Evesham Township.
We are a stalking lawyer near me Burlington County residents can contact for 24/7 phone consultations. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
24/7 phone consultations.
Frequently Asked Questions (Stalking Charges)
Is stalking always a felony in New Jersey?
Yes. Under N.J. Stat. § 2C:12-10, stalking is classified as a crime, specifically a fourth-degree offense, which is indictable and equivalent to a felony in other states. A second offense or stalking that violates a restraining order becomes a third-degree crime.
Can I go to jail for a first-time stalking charge?
Yes. A fourth-degree stalking conviction carries a potential state prison sentence of up to 18 months. While probation is possible, incarceration is a real risk, especially if the allegations are severe or a restraining order was violated.
What is the difference between harassment and stalking in NJ?
Harassment (N.J. Stat. § 2C:33-4) is generally a lesser, disorderly persons offense involving a single communication intended to harass. Stalking involves a “course of conduct”—a pattern of behavior over time that causes fear. Stalking charges are more serious.
What are common defenses against a stalking charge?
Common defenses include lack of intent (the contact was accidental), mistaken identity, the conduct was constitutionally protected (e.g., peaceful protest), or the alleged victim did not actually experience fear. An attorney can challenge the evidence of a “course of conduct.”
Can a stalking charge be expunged in New Jersey?
It depends. Fourth-degree stalking convictions are generally eligible for expungement 5 years after completion of the sentence, provided you have no other convictions. Third-degree convictions have a 6-year waiting period. Diversion programs like PTI allow for eventual dismissal without a conviction.
Your case in Burlington County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Bergen County NJ Stalking Lawyer · Hudson County NJ Stalking Lawyer · Stalking Lawyer Monmouth County, NJ.