What is the Difference Between a Felony and a Misdemeanor in New Jersey?

Understanding the difference between a felony and a misdemeanor offense is crucial for anyone facing criminal charges in New Jersey. In most U.S. states, crimes are classified as either misdemeanors or felonies. However, New Jersey uses different terminology. While the definitions are similar, NJ law categorizes crimes as either disorderly persons offenses or indictable crimes, which are comparable to misdemeanors and felonies, respectively. To learn more and secure skilled representation during your case, reach out to an experienced Bergen County criminal defense attorney today.

What is a Felony?

A felony, or indictable crime, is a serious crime that carries harsher penalties like longer prison sentences and more substantial fines. Indictable crime cases are presented to a grand jury, which will determine whether there is enough evidence to formally charge the defendant. They are then tried in the Superior Court.

New Jersey recognizes four classifications of indictable crimes: fourth, third, second, and first-degree, with first-degree being the most severe. The penalties for each offense are as follows.

1. First-degree: 10 to 20 years in prison and fines of up to $200,000
2. Second degree: 5 to 10 years in prison and fines of up to $150,000
3. Third-degree: 3 to 5 years in prison and fines of up to $15,000
4. Fourth-degree: Up to 18 months in prison and fines of up to $10,000

It is important to note that these are the standard sentencing guidelines, and actual penalties can vary. Certain offenses will result in longer prison sentences or even a life term. Examples of indictable crimes include murder, arson, aggravated assault, and drug trafficking.

Indictable crimes are generally more severe in every way. A conviction will result in more serious long-term consequences like a permanent criminal record, the loss of the right to vote, the loss of the right to possess firearms, difficulty obtaining employment and housing, revocation of driving or professional licenses, and more, depending on the type of offense.

What is a Misdemeanor?

Misdemeanors, or disorderly persons offenses, are less severe charges. They are generally handled in municipal court. New Jersey recognizes two classifications of misdemeanor crimes, disorderly persons offenses and petty disorderly persons offenses.

Disorderly persons offenses can result in legal penalties, but they are generally less substantial. In NJ, a petty disorderly persons offense can result in:

• Up to 30 days in jail
• Fines of up to $500

A standard disorderly persons offense can result in:

• Up to 6 months in jail
• Fines of up to $1,000

While jail time is a potential consequence of a “misdemeanor” offense in New Jersey, it is not as common as in felonies, and individuals are often allowed to participate in community service or rehabilitation instead of imprisonment. Disorderly persons offenses can result in long-term consequences, but may have the option of being expunged and carry fewer than indictable crimes. Examples of disorderly persons offenses include shoplifting, simple assault, public intoxication, and criminal mischief.

As established, disorderly persons offenses and indictable crimes are different in many ways, namely the type of offense, severity, penalties, and the way they are tried. Reach out to an experienced defense attorney for legal advice and representation during your case.