Understanding the Difference Between a Misdemeanor and a Felony in New Jersey

Criminal charges can be overwhelming and confusing, particularly when trying to understand how they may impact your future. One of the most important distinctions to grasp is the difference between a misdemeanor and a felony, as the consequences of each can vary dramatically. In New Jersey, however, the terms “misdemeanor” and “felony” aren’t typically used. Instead, offenses are categorized as “disorderly persons offenses” and “indictable offenses.” While the terminology differs, the underlying concepts are largely the same.

If you or a loved one are facing criminal charges, it’s essential to comprehend the classification of your offense and its potential consequences. At Hartman Duff, we have years of experience helping clients navigate the complexities of the New Jersey criminal justice system. This guide will break down the key differences between misdemeanors (disorderly persons offenses) and felonies (indictable offenses) in New Jersey and explain what they mean for your case.

What Is a Disorderly Persons Offense in New Jersey?

In New Jersey, disorderly persons offenses are considered minor criminal offenses, akin to misdemeanors in other states. These offenses are typically tried in municipal court and are less severe than indictable offenses. However, the consequences can still be serious and include up to 6 months in county jail and fines up to $1,000.

Common examples of disorderly persons offenses include:

• Simple assault
• Shoplifting (for amounts less than $200)
• Disorderly conduct
• Trespassing
• Minor drug possession (such as possessing less than 50 grams of marijuana)

Though these charges are relatively minor compared to indictable offenses, a conviction still results in a criminal record, which can affect future employment, housing, and other areas of life.

What Is an Indictable Offense in New Jersey?

Indictable offenses are New Jersey’s equivalent of felonies and are much more serious than disorderly persons offenses. These crimes are divided into four degrees, with first-degree offenses being the most severe. Sentencing for indictable offenses is handled in Superior Court, and depending on the degree of the crime, the consequences can include years of imprisonment, steep fines, and long-term collateral consequences.

Indictable offenses are broken down as follows:

• First-degree offenses: Crimes such as murder, aggravated sexual assault, and armed robbery. A conviction can result in 10 to 20 years in prison, and in some cases, life imprisonment.
• Second-degree offenses: Include crimes like aggravated assault, certain drug distribution offenses, and sexual assault. Penalties range from 5 to 10 years in prison.
• Third-degree offenses: Cover crimes such as theft of over $500, burglary, and drug possession (for certain amounts). Sentencing for third-degree offenses can include 3 to 5 years in prison.
• Fourth-degree offenses: Include crimes such as stalking and certain types of fraud. Convictions can result in up to 18 months in prison.

Key Differences Between Disorderly Persons and Indictable Offenses

The most significant differences between disorderly persons offenses and indictable offenses lie in the severity of the penalties and the criminal process. Here’s how they differ:

• Severity of Penalties: Indictable offenses carry much harsher penalties. For example, a first-degree offense can result in up to 20 years or more in prison, while a disorderly persons offense will not result in more than 6 months in county jail.
• Criminal Process: Disorderly persons offenses are generally tried in municipal court, while indictable offenses go through the Superior Court and may involve a grand jury to determine whether there is enough evidence for an indictment.
• Long-Term Consequences: While both convictions will result in a criminal record, the long-term impact of an indictable offense is usually more significant. A felony conviction can hinder job prospects, restrict your ability to vote, prevent you from obtaining certain professional licenses, housing and more.

Expungement and Pretrial Intervention (PTI)

If convicted of a criminal offense in New Jersey, the possibility of expungement (the legal process of clearing your record) and participation in Pretrial Intervention (PTI) may depend on the degree of the offense. Indictable offenses, especially first and second-degree crimes, are more challenging to expunge and may disqualify you from PTI programs. However, with the help of an experienced criminal defense attorney, you can explore strategies to either avoid a conviction altogether or pursue expungement and PTI for eligible offenses.

What to Expect During the Legal Process

The legal process differs based on the severity of the charge:

• Disorderly Persons Offenses: While these cases are handled more quickly in municipal court, they are often resolved within weeks rather than months. Sentencing can indeed happen immediately, but sometimes cases may be adjourned for further proceedings, depending on the complexity of the case.
• Indictable Offenses: These cases do not always begin with a grand jury; minor indictable offenses may proceed without a grand jury if resolved early. More serious indictable offenses, however, often involve a grand jury. Additionally, indictable cases that proceed to trial can take several months to years depending on pre-trial motions, discovery, and case complexities.

Defending Against Criminal Charges

Whether you are facing a disorderly persons offense or an indictable offense, the defense strategies available to you will depend on the specifics of your case. Some common defense strategies include:

• Challenging the evidence: If law enforcement violated your constitutional rights during a search or seizure, any evidence obtained may be inadmissible in court.
• Negotiating a plea: For indictable offenses, negotiating a reduction in the charge or a lighter sentence through a plea deal can be an effective strategy.
• Claiming lack of intent: Certain crimes require proof that you intentionally committed the act. Demonstrating a lack of intent can result in a dismissal or reduction of charges.

The Importance of Legal Representation

When facing criminal charges, having an experienced criminal defense attorney can mean the difference between a conviction and walking free. At Hartman Duff, we understand the nuances of New Jersey law and know how to build a strong defense that fits your unique situation. Whether you’re facing a disorderly persons offense or an indictable offense, our team is here to protect your rights, guide you through the legal process, and fight for the best possible outcome.

What to Do if You’re Facing Criminal Charges in New Jersey

If you’ve been charged with a criminal offense in New Jersey, here are the immediate steps you should take:

• Remain Silent: Don’t talk to the police without an attorney present. Anything you say can and will be used against you.
• Hire an Attorney: Contact an experienced criminal defense lawyer as soon as possible to ensure your rights are protected.
• Document the Details: Write down everything you remember about your arrest and the events leading up to it.
• Prepare for Court: Work closely with your attorney to build a defense strategy and prepare for your court appearances.

Charged with a Crime in NJ? Secure Your Defense with Hartman Duff

If you’re facing criminal charges in New Jersey, now is the time to act. At Hartman Duff, our experienced criminal defense attorneys are dedicated to protecting your rights and guiding you through the complexities of the legal system. Whether you’ve been charged with a disorderly persons offense or an indictable offense, we serve clients throughout Hamilton, Trenton, and the greater New Jersey area. Contact us today for a confidential consultation and start building your defense with a legal team that understands New Jersey law inside and out.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.