Facing charges for a disorderly persons offense in Cumberland County, New Jersey, can have more serious implications than you might expect. Although a disorderly persons offense is not considered a major crime in New Jersey, a conviction can still result in fines, jail time, and a criminal record that can impact your life for years to come. To complicate things further, disorderly persons offenses don't afford you the right to a jury trial--your fate will be decided by a judge alone. If you don't have a skilled New Jersey criminal defense attorney advocating for your interests, you risk facing the maximum penalties allowed by law.
Thankfully, you don't have to face this challenge alone. The Lento Law Firm's Criminal Defense Team has extensive experience defending against disorderly persons offenses in courts throughout Cumberland County and New Jersey. We have in-depth knowledge of local court procedures, allowing us to advocate effectively on your behalf for the best possible outcome. Whether you're dealing with charges like simple assault, shoplifting, or resisting arrest, the Lento Law Firm Team is ready to protect your rights and your future. To schedule a consultation, contact us at 888-535-3686 or complete our online form.
Understanding Disorderly Persons Offenses in New Jersey
In New Jersey, the legal system classifies crimes differently from most states, using the terms disorderly persons offense and indictable offense (as opposed to misdemeanor and felony, respectively). Indictable offenses in New Jersey maybe 1st, 2nd, 3rd, or 4th-degree offenses; these are the New Jersey equivalent of felonies. A disorderly persons offense, then, is similar in scope to a misdemeanor, and a petty disorderly persons offense can be likened to an infraction in other states.
Common disorderly persons offenses include:
- Simple assault
- Harassment
- Shoplifting/theft (valued under $200)
- Possession of small amounts of controlled substances (or more than one ounce of marijuana)
- Resisting arrest
Despite being akin to misdemeanors in severity, a disorderly persons offense is not treated exactly the same. Unlike misdemeanors in other states, defendants facing disorderly persons offenses do not have the right to a jury trial in New Jersey; instead, these are decided by a municipal court judge in a "bench trial." This means you must defend yourself to a judge rather than convince a jury of your innocence. This is precisely why it's crucial to have an attorney represent you even though the offense is considered minor under NJ law.
It's also crucial to note that some offenses could be elevated to indictable offenses depending on the circumstances. For example, if an assault results in serious injury or shoplifting involves items over $200, the charge could be elevated to an indictable offense.
Is a Disorderly Persons Offense Considered a Crime?
The answer to this is a bit complicated. Under New Jersey law, a disorderly persons offense is not technically considered a crime--but this is only because of how New Jersey defines a crime legally. By law, a crime in New Jersey requires an indictment by a grand jury, which gives the defendant a right to a jury trial. Because a disorderly persons offense doesn't meet either of these criteria, it's not legally a crime. However, for all intents and purposes, the consequences of being charged with a disorderly offense are the same as if you had committed a crime. Namely:
- You can be convicted;
- You can face fines and go to jail; and
- The offense may appear on criminal background checks.
Disorderly Persons Charges in Cumberland County, NJ
When you're charged with a disorderly persons offense in Cumberland County, your case will be handled by the municipal court in the jurisdiction where the alleged incident took place. For instance, if the incident occurred in Deerfield Township, your hearing would be at the Deerfield Township Municipal Court. Depending on the court's protocol, hearings might occur virtually via Zoom or be held in person.
At your initial appearance in court, you'll be formally notified of the charges against you and be asked to enter a plea—guilty, not guilty, or no contest. The case might proceed to a bench trial immediately, where the prosecution presents its arguments, and you can offer a defense before the judge renders a verdict. Alternatively, the judge may set a future date, or your attorney might request an adjournment to negotiate for dismissal of the charges or reduced penalties, or to explore your eligibility for a diversionary program that would cancel out the charges.
Implications of a Conviction
If you are convicted of a disorderly persons offense in New Jersey, you will not go to state prison. However, you may still face a small amount of jail time. The maximum penalties for a disorderly persons offense in New Jersey include:
- Fines up to $1,000; and/or
- Jail time up to six months in county jail
For petty disorderly persons offenses, the maximum penalties are:
- Fines up to $500; and/or
- Up to 30 days in jail.
With effective legal defense, many disorderly persons offenses result in minimal or no jail time. Probation is often a more common outcome, and first-time offenders might qualify for a diversionary program like Pre-Trial Intervention or Conditional Discharge, which, when completed, will result in the charges being dismissed. However, even if you don't go to jail, a conviction can have lasting repercussions because it may appear on background checks, which could affect employment, housing, and other opportunities for several years.
Assistance From the Lento Law Firm in Cumberland County, NJ
The Criminal Defense Team at the Lento Law Firm has an excellent track record in defending clients facing disorderly persons charges in Cumberland County. Our team can:
- Evaluate the charges and evidence
- Advocate for your acquittal during the bench trial
- Negotiate for reduced charges, lesser penalties, or dismissal
- Assist in qualifying for diversionary programs like Pre-Trial Intervention or Conditional Discharge, potentially leading to charge dismissal
While considered minor compared to indictable crimes, being convicted of a disorderly persons offense can still significantly impact your life. Let the Lento Law Firm Team help secure a more favorable outcome for your case. Call us at 888-535-3686 or fill out our online form.
