What is the difference between a misdemeanor and a felony in New Jersey
If you or a family member faces a criminal charge in this state,
understanding the line between a misdemeanor and a felony is one of the first steps toward
preparing a defense. New Jersey law does not use the terms “misdemeanor” or “felony” in the same
way most people do. Instead the state divides criminal conduct into disorderly persons offenses,
petty disorderly persons offenses, and indictable crimes. The distinction determines which
court handles the matter, the possible consequences of a conviction, and how your case moves
through the system. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team concentrate
part of their practice on guiding people through the New Jersey criminal process. If you need help,
call (888) 437‑7747 to request a consultation.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How New Jersey Classifies Criminal Offenses
Under N.J.S.A. Title 2C, the New Jersey Code of Criminal Justice, non‑indictable
offenses are equivalent to what other states call misdemeanors, while indictable crimes carry
penalties that resemble felony‑level sentences. A disorderly persons offense is the more serious
of the two non‑indictable categories. It is handled in the municipal court of the municipality where
the incident occurred and carries a maximum punishment of six months in the county jail and a fine of
up to $1,000. A petty disorderly persons offense is a lesser category; it is also heard in municipal court
and is punishable by up to thirty days in jail and a $500 fine. Common examples include simple assault
charges, disorderly conduct, harassment, and shoplifting where the value of the merchandise is low.
An offense becomes an indictable crime when the legislature has graded it as a crime of the first,
second, third, or fourth degree. These matters are prosecuted in the Superior Court, Law
Division — Criminal Part, of the county where the alleged act took place. A fourth‑degree crime is
the least severe indictable level and subjects a person to up to eighteen months in state prison; a
third‑degree crime carries three to five years; a second‑degree crime carries five to ten years, with
a presumption of imprisonment; and a first‑degree crime carries ten to twenty years. Because the stakes
are so much higher for indictable matters, representation by counsel who regularly appears in New Jersey
courts is strongly advisable. Results may vary.
Frequently Asked Questions
What is a disorderly persons offense in New Jersey?
A disorderly persons offense is a non‑indictable charge that functions as a misdemeanor‑level
offense in New Jersey. It is adjudicated in municipal court and can result in up to six months
in jail and a fine of as much as $1,000. Because it is not an indictable crime, the case does not go to
a grand jury and there is no right to a jury trial at the municipal court level; however, a defendant
may request a trial de novo in Superior Court after a municipal court conviction.
What makes an offense an indictable crime in New Jersey?
An indictable crime is the New Jersey equivalent of a felony and is graded by degree from
fourth to first. Indictable matters are sent to a county grand jury before proceeding in
Superior Court, and the accused has the right to a jury trial. The degree of the crime controls the
sentencing range, with first‑degree crimes exposing a person to ten to twenty years of imprisonment.
Hiring experienced counsel early in an indictable case can be critical to protecting your rights.
Can a disorderly persons charge be upgraded to an indictable crime?
The prosecutor’s office has the authority to seek an indictment on charges that could initially
appear as disorderly persons offenses. Whether a case remains in municipal court or moves to
Superior Court depends on the facts of the incident, the value of any property involved, the presence of
aggravating circumstances, and the defendant’s prior record. Because this decision can significantly alter
the consequences, consulting an attorney as soon as you are aware of the charge is important.
Do I need a lawyer for a petty disorderly persons charge?
You have the right to be represented by counsel for any criminal charge, and even a petty
disorderly persons conviction can create a permanent record. A conviction may affect
employment applications, professional licensing, and immigration status. Speaking with a defense attorney
allows you to understand the potential collateral consequences and to present the strongest possible
response, whether that is negotiating an amendment, seeking a conditional discharge, or taking the
case to trial. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Does New Jersey use bail for misdemeanor and felony cases?
New Jersey abolished cash bail in January 2017 through the Criminal Justice Reform Act.
Instead of requiring a monetary payment for release, the court uses a Public Safety Assessment (PSA)
that scores the risk of flight and danger to the community. Pretrial release is now governed by this
scoring system. Because the process is administrative and driven by data, the arguments presented by
defense counsel at the initial appearance can affect the outcome significantly.
What is the difference between a fourth‑degree crime and a disorderly persons offense?
A fourth‑degree crime is an indictable offense handled in Superior Court and carries up to
eighteen months in prison, while a disorderly persons offense is a non‑indictable matter resolved in
municipal court with a maximum of six months in jail. The evidence required, the court
procedures, and the long‑term record consequences differ markedly. A fourth‑degree conviction is a
felony‑grade record, whereas a disorderly persons conviction appears as a municipal court disposition.
Can a felony‑equivalent conviction be expunged in New Jersey?
Yes, many indictable convictions can be expunged after a waiting period set by statute.
For most indictable offenses, the waiting period is five years from the completion of the sentence,
including probation or parole. Disorderly persons convictions generally become eligible for expungement
after two years. Certain serious crimes, such as homicide and aggravated sexual assault, are not
eligible for expungement. The New Jersey expungement statutes are specific, and a lawyer can evaluate
whether your record qualifies.
How does a criminal case begin in New Jersey?
A disorderly persons case ordinarily starts with a complaint filed in municipal court, while an
indictable case begins with a complaint that is later presented to a grand jury. For indictable
matters, if the grand jury returns an indictment, the case is referred to the Superior Court for
arraignment and trial. For disorderly persons charges, the first appearance is in municipal court. In
both tracks, having counsel early helps in evaluating the strength of the state’s evidence and
identifying any procedural issues.
What should I do if I am arrested in New Jersey?
Invoke your right to remain silent and ask to speak with an attorney before answering any
questions. Do not discuss the facts of your case with anyone except your lawyer. In New
Jersey, a public safety assessment will be generated to determine pretrial release conditions.
Contact a criminal defense attorney as soon as practical so that counsel can begin reviewing the
circumstances of your arrest and the charges. To discuss your matter, call Law Offices Of SRIS, P.C. at (888) 437‑7747.
Does Law Offices Of SRIS, P.C. handle cases in all New Jersey counties?
Yes, Mr. Sris and his Of Counsel team represent clients throughout New Jersey, including
Hunterdon, Somerset, Morris, Bergen, Monmouth, and all other counties. The firm’s New
Jersey location is situated to serve matters statewide. Whether the charge is a disorderly persons
offense in municipal court or a first‑degree indictable crime in Superior Court, the team can appear
and advocate on your behalf. Contact the firm at (888) 437‑7747 to request a consultation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted
in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor
whose background includes testifying before the Virginia House Courts of Justice Committee in support
of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of
combined legal experience and have secured 4,739+ documented firm-wide results. Results may vary. The team
appears in New Jersey municipal courts and Superior Court and works to pursue the most favorable outcome
available under the law.
Attorney advertising. Prior results do not guarantee a similar outcome.
Attorney responsible for this advertising: Mr. Sris.
Results may vary.
Case results depend on a variety of factors unique to each case.