New Jersey criminal charge
Classes of offenses in New Jersey
Classes of offenses is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:1-4. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:1-4.
What is the penalty for classes of offenses in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Disorderly persons offense — general designation — Applies when an offense is specifically designated as a disorderly persons offense in the code or another statute.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Disorderly persons offense — general designation — Applies when an offense is specifically designated as a disorderly persons offense in the code or another statute.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 30 days (Petty disorderly persons offense — general designation — Applies when an offense is specifically designated as a petty disorderly persons offense in the code or another statute.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $500 (Petty disorderly persons offense — general designation — Applies when an offense is specifically designated as a petty disorderly persons offense in the code or another statute.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 6 months (Foreign jurisdiction offense treated as disorderly persons offense (1 yr or less, more than 30 days) — Applies when an out-of-state offense authorizes imprisonment of one year or less but more than 30 days and is referenced by New Jersey statute.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Foreign jurisdiction offense treated as disorderly persons offense (1 yr or less, more than 30 days) — Applies when an out-of-state offense authorizes imprisonment of one year or less but more than 30 days and is referenced by New Jersey statute.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 30 days (Foreign jurisdiction offense treated as petty disorderly persons offense (30 days or less) — Applies when an out-of-state offense authorizes imprisonment of 30 days or less and is referenced by New Jersey statute.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $500 (Foreign jurisdiction offense treated as petty disorderly persons offense (30 days or less) — Applies when an out-of-state offense authorizes imprisonment of 30 days or less and is referenced by New Jersey statute.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 6 months (Non-code misdemeanor treated as disorderly persons offense (max 6 months) — Applies when a non-code statute of this State declares an offense a misdemeanor with a maximum penalty of 6 months' imprisonment or less.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Non-code misdemeanor treated as disorderly persons offense (max 6 months) — Applies when a non-code statute of this State declares an offense a misdemeanor with a maximum penalty of 6 months' imprisonment or less.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is classes of offenses classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disorderly persons offense — general designation | Disorderly Persons Offense | Applies when an offense is specifically designated as a disorderly persons offense in the code or another statute. | N.J.S.A. 2C:1-4undefined |
| Petty disorderly persons offense — general designation | Petty Disorderly Persons Offense | Applies when an offense is specifically designated as a petty disorderly persons offense in the code or another statute. | N.J.S.A. 2C:1-4undefined |
| Foreign jurisdiction offense treated as disorderly persons offense (1 yr or less, more than 30 days) | Disorderly Persons Offense | Applies when an out-of-state offense authorizes imprisonment of one year or less but more than 30 days and is referenced by New Jersey statute. | N.J.S.A. 2C:1-4undefined |
| Foreign jurisdiction offense treated as petty disorderly persons offense (30 days or less) | Petty Disorderly Persons Offense | Applies when an out-of-state offense authorizes imprisonment of 30 days or less and is referenced by New Jersey statute. | N.J.S.A. 2C:1-4undefined |
| Non-code misdemeanor treated as disorderly persons offense (max 6 months) | Disorderly Persons Offense | Applies when a non-code statute of this State declares an offense a misdemeanor with a maximum penalty of 6 months' imprisonment or less. | N.J.S.A. 2C:1-4undefined |
Common questions about classes of offenses in New Jersey
Is classes of offenses a crime in New Jersey?
It depends on the circumstances: classes of offenses ranges from a Petty Disorderly Persons Offense to a Disorderly Persons Offense in New Jersey under N.J.S.A. 2C:1-4.
Disorderly persons offense — general designation: Disorderly Persons Offense (N.J.S.A. 2C:1-4) · Petty disorderly persons offense — general designation: Petty Disorderly Persons Offense (N.J.S.A. 2C:1-4) · Foreign jurisdiction offense treated as disorderly persons offense (1 yr or less, more than 30 days): Disorderly Persons Offense (N.J.S.A. 2C:1-4) · Foreign jurisdiction offense treated as petty disorderly persons offense (30 days or less): Petty Disorderly Persons Offense (N.J.S.A. 2C:1-4) · Non-code misdemeanor treated as disorderly persons offense (max 6 months): Disorderly Persons Offense (N.J.S.A. 2C:1-4)
What are the penalties for classes of offenses in New Jersey?
Penalties for classes of offenses in New Jersey depend on how it is classified — from a Petty Disorderly Persons Offense up to a Disorderly Persons Offense — with the ranges set by N.J.S.A. 2C:43-8; the full table of ranges by variant is published on this page.
Which New Jersey statute covers classes of offenses?
Classes of offenses is governed by N.J.S.A. 2C:1-4 (Classes of offenses).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.