New Jersey law does not use the words “felony” or “misdemeanor.” The state divides offenses into indictable crimes, which roughly correspond to felonies, and disorderly persons offenses, which roughly correspond to misdemeanors. That difference is more than vocabulary. It decides which court hears your case, whether a grand jury is involved, how much prison time is possible, and what follows you afterward. At The Law Offices of Anthony Carbone, one of the first things we explain to a new client is exactly where their charge falls, because so much of the defense strategy depends on it.
What does New Jersey call felonies and misdemeanors?
New Jersey uses the term “crimes” only for what other states call felonies. N.J.S.A. 2C:1-4 sorts offenses into categories. Crimes, also called indictable offenses, are graded in four degrees, with first degree the most serious. Disorderly persons offenses and petty disorderly persons offenses are lower-level violations, and the statute says they are not crimes at all.
This has practical effects. A disorderly persons conviction does not result in the loss of civil rights that comes with a crime, such as the right to serve on a jury.
What are the penalties for each level of offense in New Jersey?
Penalties increase sharply with each step up the scale. N.J.S.A. 2C:43-6 and 2C:43-8 set the ordinary prison ranges, and N.J.S.A. 2C:43-3 sets the maximum fines.
| Offense level | Prison range | Maximum fine |
| First-degree crime | 10 to 20 years | $200,000 |
| Second-degree crime | 5 to 10 years | $150,000 |
| Third-degree crime | 3 to 5 years | $15,000 |
| Fourth-degree crime | Up to 18 months | $10,000 |
| Disorderly persons offense | Up to 6 months in county jail | $1,000 |
| Petty disorderly persons offense | Up to 30 days in county jail | $500 |
Some statutes set higher fines for specific offenses. Drug distribution is one example. Murder and certain other offenses fall outside these ranges entirely.
Can the same act be a felony or a misdemeanor in New Jersey?
Yes. The grade often depends on a single fact, such as a dollar amount or how badly someone was hurt. In theft cases under N.J.S.A. 2C:20-2, taking property worth less than $200 is a disorderly persons offense. From $200 to $500 it becomes a fourth-degree crime, from $500 to $75,000 a third-degree crime, and $75,000 or more a second-degree crime.
Assault works the same way. A fight that causes minor injury is usually simple assault, a disorderly persons offense. If the injury is more serious, a weapon is involved, or the victim is a police officer, the same fight can be charged as aggravated assault, an indictable crime under N.J.S.A. 2C:12-1(b). Because so much turns on these facts, challenging a valuation or a medical record can bring a charge down a full level.
How is an indictable case handled differently from a disorderly persons case?
Indictable charges go to the Superior Court, which for Jersey City means the Hudson County Superior Court. Under Article I, Paragraph 8 of the New Jersey Constitution, the prosecutor must obtain a grand jury indictment before the case can go to trial, and the defendant has the right to a jury trial.
Disorderly persons offenses are heard in municipal court. A judge decides the case alone, because New Jersey does not provide jury trials for these offenses.
The two levels also start from different sentencing presumptions. A first- or second-degree conviction carries a presumption of prison. For a first-time offender convicted of a third- or fourth-degree crime, N.J.S.A. 2C:44-1(e) presumes no prison. One of the most useful outcomes a defense lawyer can negotiate is a downgrade, in which an indictable charge is reduced to a disorderly persons offense and sent back to municipal court.
Why does the classification matter after the case is over?
The classification shapes your life long after sentencing. Federal law, 18 U.S.C. 922(g)(1), bars anyone convicted of an offense punishable by more than a year in prison from owning firearms. Because a New Jersey fourth-degree crime carries up to 18 months, even the lowest-level indictable conviction triggers that lifetime ban. A disorderly persons conviction does not.
The classification also affects expungement. You can generally expunge one indictable conviction, but up to five disorderly persons offenses, under N.J.S.A. 2C:52-2 and 2C:52-3.
How can The Law Offices of Anthony Carbone help?
We look at whether the charge was graded correctly, whether the facts behind the grade hold up, and whether a downgrade or diversion program can keep the case out of the indictable range altogether.
The difference between an indictable crime and a disorderly persons offense can affect your freedom, your job, and your rights for years. If you or someone close to you has been charged in Jersey City or anywhere in New Jersey, contact The Law Offices of Anthony Carbone for a confidential consultation.