Disorderly Person Offenses

When facing criminal charges in New Jersey, many people are surprised to learn that not all criminal acts are considered “crimes” under the state’s laws. Instead, some lower-level offenses fall into a separate category known as disorderly person offenses.

These charges are less severe than indictable crimes, also known as felonies. However, they still carry serious consequences, including fines, probation, and even jail time. If you are charged with a disorderly person offense, do not dismiss it or think that it’s inconsequential. You need to understand what is at stake and why working with a New Jersey criminal defense lawyer can make all the difference in protecting your record and your future.

What Are Disorderly Person Offenses?

A frequent question defense attorneys hear is: “What are disorderly person offenses in New Jersey?”

New Jersey uses the term “disorderly person offenses” to describe certain lower-level criminal violations. Other states call them misdemeanors. These crimes are prosecuted in municipal court rather than the Superior Court. Although they are considered less severe, do not take these charges lightly. Being convicted of a disorderly person offense results in a criminal record, which can impact employment, education opportunities, and professional licensing.

Disorderly person offenses can involve a wide variety of conduct, including:

Simple assault, without serious injury or use of a weapon
Shoplifting items worth less than $200
Harassment or threatening behavior
Disorderly conduct, including offensive language, fighting, or creating public disturbances
Resisting arrest without flight or violence
Possession of drug paraphernalia
Trespassing on property without permission

Disorderly person offenses are viewed as societal “misbehaviors” that are more serious than traffic tickets, but less than indictable crimes. Despite the name, do not ignore the charge. The legal and personal consequences can be serious.

Disorderly Person Offenses vs. Petty Disorderly Person Offenses

New Jersey law further distinguishes between disorderly person offenses and petty disorderly person offenses. While the municipal court hears both types of cases, the penalties differ:

Disorderly Person Offense (DP): The more serious of the two categories, carrying up to six months in jail and fines up to $1,000.
Petty Disorderly Person Offense (PDP): Less severe, with penalties including up to 30 days in jail and fines up to $500.

Typical petty disorderly person offenses include harassment, disorderly conduct, and certain low-level trespass or public disturbance charges.

Penalties for Disorderly Person Offenses in New Jersey

Although these charges are not considered felonies, the penalties for disorderly person offenses remain significant. Defendants found guilty may face:

Jail time: Up to six months for a disorderly person offense and up to 30 days for a petty disorderly person offense.
Fines: Maximums of $1,000 (DP) or $500 (PDP).
Probation: Courts may order probation instead of, or in addition to, jail time.
Community service: Judges often impose community service, particularly for theft or public disturbance.
Criminal record: Convictions appear on your record and can impact your employment, professional licenses, and appear during background checks.
Driver’s license suspension: Certain offenses, particularly drug-related ones, may cost you driving privileges. If you are required to drive in the scope of your employment, you could lose your job.

Courts can also add mandatory assessments and fees, such as contributions to the Victims of Crime Compensation Office (VCCO) or Safe Neighborhood Services Fund (SNSF).

Why You Should Take These Charges Seriously

Many people mistakenly believe that disorderly person offenses are “just minor charges.” While they are not felonies, the long-term implications can be quite serious:

Employers may view a conviction as a red flag during background checks.
Depending on the job, a conviction could lead to termination
College or graduate school applications often ask about prior criminal convictions.
Professional licensing boards (nursing, teaching, real estate, law, etc.) may deny or revoke licenses.
Immigration status may be affected for non-citizens.

Even though these offenses are at the lower end of the criminal scale, having any criminal record can alter the course of your career, education, and life opportunities.

Common Types of Disorderly Person Offenses

New Jersey’s criminal statutes cover a broad range of behaviors under this category. The most common charges include:

Simple Assault: When a person attempts to cause or purposely causes bodily injury without a weapon.
Harassment: Repeated communication intended to alarm or annoy, such as unwanted phone calls or texts.
Disorderly Conduct: Fighting in public, using offensive language, or creating hazardous or disruptive situations.
Resisting Arrest: Intentionally preventing an officer from making a lawful arrest, without force or violence.
Possession of Drug Paraphernalia: Items such as pipes, syringes, or rolling papers connected to illegal drug use.
Shoplifting: Theft of property valued under $200.
Trespassing: Entering a property or other structure illegally.

These offenses may seem relatively minor. But outcomes vary widely depending on the circumstances and whether you have prior convictions.

How Disorderly Person Offenses Are Prosecuted

Disorderly person and petty disorderly person cases are handled in municipal courts rather than the Superior Court. There is no indictment process or jury trial; instead, a municipal court judge decides guilt or innocence.

The process typically includes:

Arraignment: The defendant is informed of the charges and rights.
Pretrial hearings: Motions may be filed, and negotiations between the defense and prosecution occur.
Trial: The judge, not a jury, hears evidence and testimony.
Sentencing: If convicted, the judge imposes penalties, which may include jail, probation, fines, or community service.

Because municipal judges have discretion, having an experienced defense attorney can improve your case resolution.

Possible Defenses to Disorderly Person Charges

A skilled defense lawyer will review all details of your case, including police procedures, witness accounts, and evidence, to build the strongest possible defense. Common defense strategies include:

Lack of evidence: If the prosecution cannot prove each element beyond a reasonable doubt, the charge should be dismissed.
Self-defense: Applicable in assault cases where you acted to protect yourself or others.
Constitutional violations: If police conducted an illegal search or seizure, evidence may be suppressed.
Mistaken identity: Eyewitness misidentification is a common issue in public disturbances or chaotic incidents.
Diversion programs: For eligible first-time offenders, programs such as Conditional Dismissal may allow charges to be dropped after completing probation.

Each case is unique, and you must tailor your defense strategy to the facts. The earlier you involve an attorney, the more options you may have.

Expungement of Disorderly Person Offenses

Another important consideration is whether disorderly person offenses can be cleared from your record. In New Jersey, expungement is available under certain conditions:

A defendant may expunge up to five disorderly person offenses, provided they have no indictable (felony) convictions.
In most cases, the state requires a five-year waiting period after completion of the sentence. Some may qualify after three years.
Once expunged, the record is sealed and is not accessible by most employers or agencies.

This process can be complicated, but with the help of a criminal defense lawyer, many people can clear their records and move forward without the shadow of a prior conviction.

The Role of a New Jersey Criminal Defense Attorney

If you are facing charges for a disorderly person offense, hiring a qualified defense lawyer can significantly impact the outcome. An attorney can:

Review the charges and clearly explain the potential consequences.
Challenge the prosecution’s evidence and file motions when police overstep their authority.
Negotiate with prosecutors for reduced charges, diversion, or conditional dismissal.
Represent you in court to argue for dismissal, acquittal, or lenient sentencing.
Assist with expungement petitions after eligibility.

Even though these charges are not felonies, the stakes are high enough that effective legal representation is well worth it.

Why Choose Nugent Law?

Our New Jersey criminal defense firm has extensive experience representing clients charged with disorderly person offenses across the state. We understand that for most people, this may be their first interaction with the criminal justice system, and the process can feel overwhelming. Our attorneys provide:

Personalized defense strategies tailored to your circumstances.
Hands-on guidance through municipal court procedures.
Aggressive advocacy aimed at avoiding convictions whenever possible.
Dedicated support for clients seeking expungement and record-clearing relief.

We understand the importance of your future and reputation, and we fight tirelessly to protect both.

Frequently Asked Questions

Because we handle a wide range of misdemeanor criminal charges, we receive numerous questions from clients. Here are some of the most common.

What are disorderly person offenses in New Jersey?
They are low-level criminal charges, similar to misdemeanors, prosecuted in municipal court rather than Superior Court.
Are disorderly person offenses considered felonies?
Felonies in New Jersey are known as “indictable offenses.” Disorderly person charges are less serious but still create a criminal record.
What is the maximum penalty for a disorderly person offense?
Up to six months in jail and a fine of up to $1,000.
Can a disorderly person offense be expunged?
Yes, under certain conditions, after a waiting period, expungement may erase the charge from your record.
Do I need a lawyer for a disorderly person charge?
Even though these charges are less serious, they can leave you with a permanent criminal record and other unexpected consequences. An attorney greatly improves your chances of a favorable outcome.

If you’ve been charged with a “Disorderly Person” charge, Nugent Law is ready to help you through the process.

Contact Nugent Law’s New Jersey Criminal Defense Attorneys

If you or a loved one has been charged with a disorderly person offense in New Jersey, do not underestimate the seriousness of the situation. The sooner you involve a skilled defense attorney, the better your chances of reducing, dismissing, or avoiding penalties altogether.

Contact Nugent Law today to schedule a confidential consultation (or call us at (856) 596-9770) to learn how we can help protect your rights and your future.