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What Is The Difference Under NJ Law Between a Felony and a Misdemeanor?

July 30, 2013 by Matthew Reisig

New Jersey does not use the terms felony and misdemeanor. The equivalent to a felony in New Jersey is a crime. The equivalent to misdemeanor in New Jersey is either a disorderly persons offense or a petty disorderly persons offense.

Crimes in New Jersey are set forth in our Criminal Code at Title 2C. Crimes are graded by 1st Degree, 2nd Degree, 3rd Degree, and 4th Degree. A 1st Degree crime is the most serious. A 4th Degree crime is the least serious. Crimes are heard in the Superior Court-Law Division in the Criminal Part. All individuals charged by indictment are entitled to a jury trial.

Conversely, disorderly persons offenses and petty disorderly persons offenses are heard in New Jersey’s municipal courts. There are no juries in municipal court. Rather, a municipal court judge is both the judge and the jury. The judge is the trier of fact and the finder of law.

An person convicted of either a disorderly persons offense or a petty disorderly persons offense is convicted of a criminal offense. That is the correct terminology for such a conviction.

Regardless, a person convicted of either a crime or a criminal offense in New Jersey will have criminal record.

Filed Under: General Criminal Law

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.