How a crime is classified and graded is different from state to state. In New Jersey, the laws distinguish between “offenses”, known as petty disorderly persons offenses and disorderly persons offenses, and “crimes”, which are graded from fourth degree to first degree, with first degree carrying the most detrimental consequences.
Individuals charged with “offenses” will have their cases heard in the municipal court in whichever municipality they were charged. These matters include offenses such as disorderly conduct, criminal mischief, and possession of small amounts of drugs. A person charged with an “offense” does not have the right to a jury trial. Instead, they are entitled to a bench trial before a municipal court judge. Those charged with “crimes” have their cases heard in the Superior Court of New Jersey. They have the right to a jury trial, as the penal consequences are more severe, including the amount of jail time. For “offenses”, the maximum jail time is 30 days for a petty disorderly persons offense and 6 months for a disorderly persons offense. For “crimes”, potential jail terms range from 18 months for a fourth degree crime to a term of life for certain first degree crimes. Additionally, those who are sentenced to jail time at the municipal level on “offenses” serve their time in the county jails. Defendants sentenced for “crimes” serve their sentence in county jail or State Prison. Offenders in both types of cases are afforded the right to apply for a public defender and will be appointed one if they qualify.
In New Jersey, driving while intoxicated is neither an offense nor a crime. Rather, it is a traffic violation. Driving while intoxicated convictions still carry potential jail time, as well as serious fines and consequences, including loss of driving privileges and the installation of an ignition interlock device on a motor vehicle.
If you have been charged with an offense, a crime, a DUI, or have any other legal inquiry, contact us at [email protected].