What some people perceive as demonstrating romantic interest may constitute the crime of stalking under New Jersey law. Stalking, like most crimes, is comprised of multiple elements, and the State must prove each element to obtain a valid conviction. Recently, a New Jersey court discussed the elements of negligence in a ruling upholding a stalking conviction, in a case in which the defendant argued the State failed to properly prove his guilt. If you are charged with stalking or any other offense, it is in your best interest to meet with a trusted New Jersey criminal defense attorney regarding your options.

The Indictment and Trial

It is reported that the defendant first met the victim in the summer of 2016. He obtained the victim’s email address and sent her a message, after which she advised she no longer wanted to communicate with him. He then repeatedly visited her home, and on multiple occasions, stated he was going to take her with him. He threatened the victim’s boyfriend as well, after which the victim called the police, who directed the defendant to leave the victim alone. The defendant continued to pursue the victim, though, and he was eventually charged with stalking. A jury convicted him, after which he appealed.

Proving a Stalking Crime in New Jersey

On appeal, the defendant argued in part that the judge incorrectly instructed the jury on the amended version of the stalking statute instead of the indicted offense, which relied on a prior version. Under New Jersey law, a person cannot be held to answer for a criminal offense without the indictment of a grand jury. The indictment must inform the person of the crime with which he is charged so that he can properly prepare a defense, which means that it must be sufficiently specific to allow the defendant to avoid a subsequent prosecution for the offense and to prevent the trial jury from substituting the charged crime with another offense.

In the subject case, the court found that the indictment satisfied both requirements. Specifically, it sufficiently informed the defendant of the elements of the charged offense so that he could prepare a thorough defense. The court went on to explain that the transcript of the proceeding made it clear that the judge did not intend to amend the indictment to include the new elements under the amended statute. While the judge included the new elements in the final charge, the parties agreed that it did not apply, and the court found no clear error. Thus, the defendant’s conviction was affirmed.

Speak to a Skillful Criminal Defense Attorney

If a person is charged with stalking or any other offense, the State must prove beyond a reasonable doubt that the person committed each element of the crime; otherwise, the person should be found not guilty. If you are accused of stalking, it is prudent to speak to a knowledgable stalking defense lawyer about your options. The skillful New Jersey criminal defense attorneys of The Law Offices of Jonathan F. Marshall take pride in helping people charged with crimes pursue just results, and if we represent you, we will fight tirelessly on your behalf. You can reach us via our online form or at 877-450-8301 to set up a conference.