When someone is charged with a crime in New Jersey, one of the first questions they often ask is whether the charge is a misdemeanor or a felony. However, unlike many other states, New Jersey uses slightly different legal terminology. Instead of misdemeanors and felonies, New Jersey law classifies crimes as either disorderly persons offenses, petty disorderly persons offenses, or indictable crimes. Despite the different terms, the concepts are similar: some crimes are considered more serious than others and carry harsher penalties.
Understanding the distinctions between these categories is essential for anyone involved in the criminal justice system—whether as a defendant, victim, or concerned family member.
Disorderly Persons and Petty Disorderly Persons Offenses (NJ’s Equivalent of Misdemeanors)
In New Jersey, what other states would call misdemeanors are generally referred to as disorderly persons offenses or petty disorderly persons offenses. These are considered non-indictable offenses, meaning they are typically handled in municipal court and do not require a grand jury.
Examples of disorderly persons offenses include:
- Simple assault
- Shoplifting (items under $200)
- Trespassing
- Possession of a small amount of marijuana (under older laws)
Examples of petty disorderly persons offenses include:
- Harassment
- Disorderly conduct
- Offensive language or gestures in public
Penalties for disorderly persons offenses may include:
- Up to 6 months in county jail
- Fines up to $1,000
- Community service or probation
Penalties for petty disorderly persons offenses may include:
- Up to 30 days in jail
- Fines up to $500
While these offenses may not seem severe, they still go on a person’s criminal record and can affect employment, housing, and immigration status.
Indictable Crimes (NJ’s Equivalent of Felonies)
More serious crimes in New Jersey are classified as indictable offenses, which are equivalent to felonies in other states. These offenses are called “indictable” because they require a grand jury indictment to proceed to trial. They are handled in Superior Court, not municipal court.
Indictable offenses are divided into four degrees, with first-degree crimes being the most serious.
Examples by degree:
- First-degree: Murder, armed robbery, sexual assault
- Second-degree: Aggravated assault, burglary, drug distribution
- Third-degree: Theft (over $500 but under $75,000), possession of controlled substances
- Fourth-degree: Forgery, stalking, unlawful possession of a weapon
Penalties for indictable crimes can include:
- First-degree: 10 to 20 years in prison (up to life for murder)
- Second-degree: 5 to 10 years
- Third-degree: 3 to 5 years
- Fourth-degree: Up to 18 months
In addition to prison time, those convicted may face hefty fines, loss of professional licenses, and long-term social consequences, including loss of voting rights during incarceration.
Long-Term Consequences
A disorderly persons offense might not carry the same penalties as a felony, but it can still have serious consequences. It may show up on background checks, lead to license suspensions, and hinder job applications. Meanwhile, indictable convictions can permanently impact civil rights, including the right to possess firearms and vote while incarcerated.
Fortunately, New Jersey allows for expungement of many offenses under certain conditions. Individuals may be eligible to clear their records after a waiting period and if they meet specific criteria.
Conclusion
While New Jersey does not officially use the terms misdemeanor or felony, the legal distinctions are very similar in practice. Disorderly persons offenses are less severe but still impactful, while indictable crimes can lead to long-term imprisonment and lasting personal consequences.
If you or someone you know is facing any type of criminal charge in New Jersey, it is crucial to consult with a qualified criminal defense attorney. Understanding the nature of the charges and preparing a defense strategy early on can make a significant difference in the outcome.