A disorderly persons offense in New Jersey may not be a serious crime, but it's certainly not a matter to dismiss casually. In Cape May County and across New Jersey, a conviction for even a minor offense can lead to penalties such as fines, jail time, and a persistent criminal record, which can appear on background checks. Since disorderly persons offenses are adjudicated by a judge with no jury, without the guidance of a qualified criminal defense attorney, you have a greater chance of receiving the maximum sentence for the alleged offense.
The Lento Law Firm is highly experienced in defending against these types of charges and is committed to protecting your rights. Our experienced Criminal Defense Team has a long and successful track record in defending clients against disorderly persons offenses in Cape May County and throughout New Jersey. We know the inner workings of the court systems in Cape May County, and we'll leverage that knowledge to achieve the most advantageous outcome for your case. To arrange a consultation, call us today at 888-535-3686 or fill out our online form.
What Is a Disorderly Persons Offense in New Jersey?
While most states distinguish criminal offenses as misdemeanors and felonies, New Jersey's legal system uses the terms disorderly persons offense and indictable offense. Indictable offenses in New Jersey (categorized into first through fourth-degree crimes) are akin to felonies in other states. Similarly, a disorderly persons offense is comparable to a misdemeanor--but there are still differences. For instance, many states permit jury trials for misdemeanors, whereas in New Jersey, disorderly persons offenses are adjudicated by a municipal court judge without a jury, known as a "bench trial."
Disorderly persons offenses may include a variety of violations such as:
- Simple assault
- Harassment
- Trespassing
- Shoplifting/petty theft (valued under $200)
- Possession of small amounts of drugs or related paraphernalia
- Resisting arrest
It is important to note that certain violations might escalate from a disorderly persons offense to an indictable offense (New Jersey's equivalent of a felony) depending on the severity of the situation. For instance, if an assault results in significant injury or if shoplifting involves goods worth more than $200, the charge might be upgraded to an indictable offense.
Is a Disorderly Persons Offense Considered a Crime in New Jersey?
Legally speaking, a disorderly persons offense is not classified as a crime in New Jersey. This distinction is primarily due to the state's definition of a crime, which includes:
- An offense that requires a grand jury indictment.
- An offense that grants the defendant the right to a jury trial.
Disorderly persons offenses do not require an indictment and do not involve a jury trial; thus, they are not labeled as "crimes" under New Jersey law. Despite this, they bear the same fundamental consequences as misdemeanor crimes. Specifically:
- You can be found guilty of a disorderly persons offense.
- You may face fines and potential jail time for such an offense.
- A conviction can appear on criminal background checks.
Prosecuting Disorderly Persons Offenses in Cape May County, New Jersey
If you are charged with a disorderly persons offense in Cape May County, NJ, you will be required to appear in the municipal court of the locality where the incident took place. For instance, if the offense happened in Upper Township, your case would be heard at the Upper Township Municipal Court in Petersburg.
During your first hearing, you'll be formally read the charges against you, and you will be asked to submit a plea—guilty, not guilty, or no contest. The case might then advance to a bench trial immediately after, where the prosecution presents its evidence, and you have the opportunity to defend yourself before a judge who will then render a verdict. Alternatively, if an adjournment is requested, the trial might be postponed. Your attorney may also use this hearing to negotiate for a dismissal, reduced penalties, or suggest a diversionary program that could lead to dismissal upon successful completion.
Consequences of a Conviction
In New Jersey, a conviction for a disorderly persons offense does not result in state prison time. The maximum penalty is up to six months in county jail and a fine of $1,000. For petty disorderly offenses (New Jersey's equivalent of an infraction), the penalties are even lighter, with up to 30 days in jail and a fine of up to $500. Besides incarceration and fines, the court might impose probation, community service, or, under certain conditions, suspend your driver's license.
It's important to remember, however, that a conviction of any kind can have enduring effects beyond the initial sentencing. Such a conviction might show up on criminal background checks, potentially affecting your prospects for employment, your ability to rent a home, and other concerns.
How the Lento Law Firm Can Assist
The Lento Law Firm brings years of successful experience in representing clients charged with disorderly persons offenses in Cape May County. As your Criminal Defense Team, we can:
- Thoroughly review the charges against you and develop a sound defense strategy;
- Advocate on your behalf for acquittal at your bench trial;
- Negotiate with prosecutors or the municipal court judge to seek reduced charges, lesser penalties, or even dismissal of the charges.
- Assist you in applying for any diversionary programs for which you are eligible, such as Pre-Trial Intervention or Conditional Discharge, potentially leading to a charge dismissal and keeping your record clear.
Although disorderly persons offenses may be thought of as minor offenses, New Jersey courts take these charges seriously--and so should you. A conviction for a disorderly persons offense in Cape May County can have long-term effects on your life. The Lento Law Firm Team can improve your prospects for a favorable or more lenient resolution. Call us at 888-535-3686 or fill out our online form.
