If you’re used to TV crime shows, you’re looking for the words “misdemeanor” and “felony.” New Jersey doesn’t use them. Instead, the state sorts criminal charges into disorderly persons offenses and indictable crimes — and which bucket your charge falls into decides almost everything else about your case.
The two tiers
- Disorderly persons (and petty disorderly persons) offenses are the rough equivalent of misdemeanors. They’re heard in municipal court, carry up to 6 months (or 30 days for petty DP), and do not involve a grand jury or a jury trial.
- Indictable crimes are the rough equivalent of felonies. They’re heard in the Superior Court (Law Division, Criminal Part), go through a grand jury, and carry the right to a jury trial. They’re graded first through fourth degree.
How indictable crimes are graded
- Fourth degree: up to 18 months.
- Third degree: 3–5 years (often probation-eligible for first offenders).
- Second degree: 5–10 years, with a presumption of incarceration.
- First degree: 10–20 years or more — the most serious crimes.
Why the label drives your options
Diversionary programs track the tiers. First-offender disorderly persons charges may qualify for conditional dismissal in municipal court; indictable charges have their own program, Pretrial Intervention (PTI), in Superior Court. Knowing which one you’re eligible for starts with knowing which tier you’re charged under.
Read your complaint carefully — or have someone read it
The degree and statute on your complaint tell you which world you’re in, and it isn’t always obvious from how the charge sounds. If you’ve been charged with anything in New Jersey and aren’t sure whether you’re facing a disorderly persons offense or an indictable crime, a free call can place it for you — and that placement is the first real decision in the whole case.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.