Felony vs. Misdemeanor in New Jersey: Key Differences

New Jersey uses a different terminology for criminal charges than most other states. Instead of “felony” and “misdemeanor,” NJ law distinguishes between indictable offenses (equivalent to felonies) and disorderly persons offenses (equivalent to misdemeanors). Understanding the difference is critical — it affects where your case is heard, the potential penalties, and the long-term impact on your record. Our New Jersey criminal defense attorneys at Ibrahim & Ibrahim Law Firm handle both types of charges.

Indictable Offenses (Felonies) in New Jersey

Indictable offenses are the most serious crimes in NJ. They are divided into four degrees:

First Degree (Most Serious)

  • Examples: Murder, kidnapping, robbery, large-scale drug trafficking
  • Prison: 10–20 years (up to life for murder)
  • Fine: Up to $200,000

Second Degree

  • Examples: Aggravated assault, sexual assault, drug distribution
  • Prison: 5–10 years
  • Fine: Up to $150,000

Third Degree

  • Examples: Burglary, certain drug offenses, aggravated DWI
  • Prison: 3–5 years
  • Fine: Up to $15,000

Fourth Degree (Least Serious Indictable)

  • Examples: Certain theft offenses, lower-level drug crimes, forgery
  • Prison: Up to 18 months
  • Fine: Up to $10,000

Indictable cases are heard in Superior Court and require a grand jury indictment (or waiver). Defendants have the right to a jury trial.

Disorderly Persons Offenses (Misdemeanors) in NJ

These are less serious offenses heard in municipal court. They are divided into:

Disorderly Persons Offense

  • Examples: Simple assault, shoplifting under $200, possession of small amounts of marijuana (prior law)
  • Jail: Up to 6 months
  • Fine: Up to $1,000

Petty Disorderly Persons Offense

  • Examples: Harassment, disorderly conduct
  • Jail: Up to 30 days
  • Fine: Up to $500

Where Do DWI Charges Fit In?

Interestingly, DWI in New Jersey is classified as a motor vehicle offense, not a criminal offense in either category. This means it does not appear on your criminal record but does appear permanently on your driving record. Learn more about DUI vs DWI in NJ and about DUI expungement in NJ.

Can Criminal Charges Be Expunged in NJ?

Many disorderly persons offenses and some indictable offenses can be expunged after a waiting period. DWI and certain serious crimes cannot. Contact our Ibrahim & Ibrahim Law Firm team at (855) 529-0030 to discuss your specific situation and options.