Criminal Defense
What's the difference between a misdemeanor and a felony?
In New Jersey, here's the honest answer: neither word exists in our law. NJ abolished the misdemeanor/felony system decades ago, and understanding what replaced it tells you far more about your case than the TV vocabulary ever will.
The NJ System
What New Jersey has instead
The Code of Criminal Justice (2C:1-4) sorts offenses into three families. Which family your charge belongs to determines the court, the procedure, and the exposure.
| Classification | Maximum exposure | Where it's heard |
|---|---|---|
| First-degree crime | 10–20 years (murder has its own 30-to-life range) | Superior Court |
| Second-degree crime | 5–10 years | Superior Court |
| Third-degree crime | 3–5 years | Superior Court |
| Fourth-degree crime | Up to 18 months | Superior Court |
| Disorderly persons offense | Up to 6 months, fine to $1,000 | Municipal court |
| Petty disorderly persons offense | Up to 30 days, fine to $500 | Municipal court |
Indictable crimes (first through fourth degree) are the felony-equivalents. They require grand jury indictment and are prosecuted by the county prosecutor in Superior Court, with full jury-trial rights. One common misunderstanding worth fixing: the grand jury doesn't convict anyone. It only decides whether there's probable cause to indict; conviction takes a guilty plea or a trial jury's verdict.
Disorderly persons offenses are the misdemeanor-equivalents: simple assault, most shoplifting, harassment, and the like, heard by a municipal court judge with no jury and no indictment. They're serious enough to jail you and to appear on background checks, but under NJ law they are technically not "crimes" at all, a distinction that occasionally matters a great deal on employment and licensing forms.
Sentencing presumptions do a lot of quiet work in this system. First- and second-degree crimes carry a presumption of imprisonment, even for first offenders. Third- and fourth-degree crimes carry a presumption of non-incarceration for first offenders. That's why the fight over degree, is this second or third? can matter more than the fight over guilt.
Imported Errors
Two "facts" from other states to unlearn
"A DUI is a misdemeanor (or becomes a felony)." Not here. DWI in New Jersey is a motor-vehicle offense under Title 39, outside the criminal code entirely: no degree, no jury, no criminal record, and no escalation to "felony" no matter how many priors. The penalties are still fierce, including mandatory jail for repeat offenses, and a DWI can never be expunged precisely because it isn't a criminal conviction. Details on our DWI page.
"Minor robbery is a low-grade charge." Robbery in New Jersey is never third or fourth degree. It's a second-degree crime at minimum, first degree if armed or if serious injury is threatened or inflicted, which means prison is presumed from the moment it's charged. Classifications you may have read elsewhere, "class B misdemeanor," "third-degree felony", are other states' law that migrated onto New Jersey websites.
The general lesson: when a charge matters, check what New Jersey actually calls it, because the family it falls in drives everything: which court, whether a jury exists, whether diversion programs like PTI or conditional dismissal are available, and what a conviction does to your record.
Afterward
What each classification means for your record
Both indictable and disorderly persons convictions create a criminal record that background checks surface, and neither falls off on its own. The exit is expungement: as a general rule, a five-year wait applies to both DP and indictable convictions (with earlier pathways in some circumstances), and New Jersey's Clean Slate law can clear an entire record after ten years. Many convictions people assume are permanent are now expungeable; eligibility rules loosened substantially in 2020. Our expungement page and the step-by-step guide cover the process.
Common Questions
NJ classification questions, answered
So is a disorderly persons offense basically a misdemeanor?
Roughly, yes — it is the closest NJ analog: a lesser offense heard in municipal court with up to 6 months in jail. But it is technically not a "crime" under New Jersey law, there is no jury trial, and no indictment is required, which matters for things like job applications that ask about criminal convictions.
Is a DUI a felony or a misdemeanor in New Jersey?
Neither. DWI in New Jersey is a motor-vehicle offense under Title 39, not a crime of any degree. It never becomes a "felony" through repetition, though the penalties for repeat offenses include mandatory jail. It goes on your driving record, not a criminal record — and it can never be expunged.
What degree crime means prison is likely?
First- and second-degree crimes carry a presumption of imprisonment even for first offenders. For third- and fourth-degree crimes, a first offender benefits from a presumption of non-incarceration, which is why so much defense work goes into keeping a case at third degree or below.
Out-of-state forms ask if I have a felony. What do I say?
It depends on the form and the conviction, and it is worth getting advice rather than guessing. Indictable convictions are generally treated as felony-equivalents by other states and federal agencies; disorderly persons offenses generally are not. An expungement can moot the question entirely.
Find out what your charge is, and what it carries.
Degree, court, presumptions, diversion eligibility: a free consultation maps all of it to your specific charge in plain English.