Can You Get a Jury Trial for a Misdemeanor in New Jersey?
Posted August 11th, 2025 by Anthony Carbone, PC.
Categories: Criminal Defense.
If you’re facing criminal charges in Jersey City, you may wonder if you have the right to a jury trial, especially if the charge is a misdemeanor. Understanding your rights about jury trials is important because it affects how your case will be handled and the decisions about your guilt or innocence. This post explains when you can get a jury trial for a misdemeanor in New Jersey and why having a skilled attorney is essential.
What Is a Misdemeanor in New Jersey?
A misdemeanor is a type of criminal offense that is less serious than a felony but more serious than an infraction or violation. Misdemeanors in New Jersey include crimes like petty theft, simple assault, disorderly conduct, some drug offenses, and driving under the influence (DUI).
Misdemeanors carry punishments such as fines, probation, community service, or jail time of less than one year. Jail time for misdemeanors usually takes place in county jails, not state prisons.
Your Right to a Jury Trial
The Sixth Amendment to the United States Constitution guarantees the right to a jury trial in criminal cases. However, this right is generally reserved for more serious offenses. For minor offenses or infractions, a jury trial is usually not available.
In New Jersey, the right to a jury trial for misdemeanors depends on the possible punishment. If the misdemeanor charge carries a sentence of more than six months in jail, you have the constitutional right to a jury trial. This means a group of impartial citizens will hear the evidence and decide whether you are guilty or not.
If the maximum sentence is six months or less, a jury trial is not guaranteed. In such cases, the case will typically be heard by a judge in a bench trial, where the judge alone decides the verdict.
When Is a Jury Trial Required?
For many misdemeanors in New Jersey, the potential sentence exceeds six months, so the accused has the right to request a jury trial. For example, offenses like simple assault or some drug crimes can carry jail sentences longer than six months, giving defendants the option to have their case heard by a jury.
You must clearly request a jury trial early in the legal process, usually at your first court appearance. Failing to do so might result in losing this important right.
What Happens in a Jury Trial?
During a jury trial, the judge and the jury hear all the evidence presented by both the prosecution and the defense. The jury then deliberates privately and decides if the prosecution has proved the defendant’s guilt “beyond a reasonable doubt.” The jury’s verdict is binding, though in some cases a judge may have the power to override it.
A jury trial can sometimes be advantageous because it allows a group of peers to hear your case instead of a single judge. However, it also carries risks, as jury decisions can be unpredictable.
Bench Trial vs. Jury Trial
If you do not have the right to a jury trial, or if you waive that right, your case will be decided by a judge in a bench trial. The judge will hear all evidence and make a verdict. Bench trials are generally faster and less formal but lack the community participation of a jury.
Deciding between a bench trial or jury trial is a key strategic choice in a misdemeanor case, and an experienced criminal defense attorney Jersey City can help guide you through this decision.
Why Choosing the Right Criminal Defense Attorney Matters
Navigating the criminal justice system in Jersey City can be confusing. A skilled criminal defense attorney knows the local courts, judges, and procedures. They will explain your rights, including whether you are entitled to a jury trial and what the benefits and risks are.
Your attorney can help you decide the best course of action for your case, whether that means requesting a jury trial or opting for a bench trial. They will also build a strong defense to protect your rights and work for the best possible outcome.
Final Thoughts
Yes, in many cases you can get a jury trial for a misdemeanor in New Jersey, especially if the possible jail sentence is more than six months. Knowing when and how to request a jury trial is critical, as is understanding how this decision impacts your defense.
If you face misdemeanor charges in Jersey City, you need an experienced criminal defense attorney Jersey City to help you understand your rights, explain your options, and fight to protect your future.
