NJ Petty & Disorderly Persons Offenses

In New Jersey, criminal charges are divided into three main categories based on severity. The least serious offenses are known as petty disorderly persons offenses and disorderly persons offenses. While not considered crimes under New Jersey law, petty disorderly and disorderly persons charges still carry potentially serious penalties. This article provides an overview of these offenses, applicable statutes, sentencing, expungement, and other key issues.

Classification of Crimes in New Jersey

New Jersey categorizes criminal offenses as:

• 1st to 4th degree crimes - Felony-level offenses
• Disorderly persons offenses - Misdemeanor-level charges
• Petty disorderly persons offenses - Minor offenses below misdemeanor level

Petty disorderly and disorderly persons charges occupy the lowest tier in New Jersey's criminal justice system.

Definition of Disorderly Persons Offense

Disorderly persons offenses are defined as:

• Non-indictable (no grand jury process)
• More serious than petty disorderly offenses
• Punishable by up to 6 months in jail
• Heard in municipal court, not Superior Court

Common disorderly persons charges include shoplifting, simple assault, and possession of small amounts of marijuana.

Definition of Petty Disorderly Persons Offense

Petty disorderly persons offenses are:

• The least serious category of charges in New Jersey
• Punishable by a fine up to $500
• No jail time may be imposed
• Heard in municipal court

Typical petty disorderly charges include minor traffic infractions, loitering, trespassing, and disorderly conduct.

Common Disorderly Persons Offenses

Some of the most common disorderly persons charges include:

• Simple assault
• Shoplifting/theft of less than $200
• Possession of less than 50g marijuana
• Receiving stolen property under $200
• Trespass
• Harassment

Many charges can be either indictable crimes or disorderly offenses depending on the circumstances.

Common Petty Disorderly Persons Offenses

Frequent petty disorderly persons charges include:

• Disorderly conduct
• Public intoxication
• Loitering
• Obstructing traffic
• Trespass
• Disturbing the peace

These cover a wide range of minor offenses below the misdemeanor level in New Jersey.

Penalties for Disorderly Persons Offenses

Potential penalties for disorderly persons convictions include:

• Up to 6 months in county jail
• Fines up to $1,000
• Probation up to 2 years
• Community service
• Mandatory assessments and surcharges

Sentencing depends on the specific offense and the judge's discretion.

Penalties for Petty Disorderly Persons Offenses

Petty disorderly persons convictions may face:

• Fines up to $500
• No jail time
• Mandatory court costs and assessments
• Possible community service

Fines and costs make up the primary penalties, as New Jersey law prohibits jail for petty disorderly convictions.

Expungement of Disorderly & Petty Disorderly Offenses

Both disorderly and petty disorderly offenses are eligible for expungement in New Jersey after 5 years. However:

• No more than 3 total disorderly or petty convictions may be expunged
• All fines and terms must be satisfied
• A waiting period applies between expungements

An attorney can advise if you qualify to have these charges removed from your record.

Effects on Criminal Record

While not technically crimes, disorderly and petty disorderly charges still create a criminal record. Effects may include:

• Difficulty finding jobs or housing
• Immigration consequences
• Higher insurance rates
• Loss of government benefits
• Travel limitations

The stigma of a conviction warrants vigorously contesting any charges.

Fighting Disorderly & Petty Disorderly Charges

Despite their "minor" status, avoiding conviction for these offenses is crucial. Defenses may include:

• Illegal search and seizure
• Misidentification
• Self-defense
• Entrapment
• Lack of criminal intent

An experienced attorney can evaluate potential defenses and build the strongest case for dismissal.

Key Takeaways

While not rising to the felony level, disorderly and petty disorderly charges still warrant careful attention. The consequences of conviction can be far-reaching. Never assume these charges are inconsequential. With experienced legal representation, many disorderly and petty disorderly offenses can be successfully fought and avoided.