New Jersey Misdemeanor and Disorderly Persons Attorney
Reviewed by William A. Proetta, Esq. · Updated October 2026
New Jersey does not have misdemeanors. The offenses other states call misdemeanors are disorderly persons (DP) offenses, punishable by up to 6 months in jail and a $1,000 fine, and petty disorderly persons offenses, punishable by up to 30 days and $500 (N.J.S.A. 2C:43-8 and 2C:43-3). They are heard in municipal court by a judge, with no grand jury and no jury trial (N.J.S.A. 2C:1-4(b)).
A DP offense is “not a crime” under 2C:1-4(b), but a conviction is still a conviction. It shows on background checks until it is expunged, it can count against you in a later case, and some DP convictions carry consequences of their own, such as the loss of gun rights after a domestic violence conviction. For how every grade fits together, see the New Jersey degrees of crimes guide.
Four meanings of “misdemeanor” in a New Jersey case
The same word can mean a petty offense or a crime, depending on who is using it.Free, confidential case review 24/7
Two of those meanings surprise people. In older New Jersey statutes outside the Criminal Code, a “misdemeanor” is a crime, not a petty offense. And in federal gun law, a New Jersey DP conviction can count as a misdemeanor even though New Jersey never uses the word.
Attempting to cause or causing bodily injury, negligently injuring someone with a deadly weapon, or using physical menace to put someone in fear of imminent serious injury (N.J.S.A. 2C:12-1(a)). It is a DP offense, or a petty DP if it was a fight both people entered by mutual consent. Pointing a firearm, or injuring a police officer or other protected person, is aggravated assault, an indictable crime.
Communications made in a manner likely to alarm, striking, kicking, shoving or other offensive touching, or a course of alarming conduct, done with the purpose to harass (N.J.S.A. 2C:33-4). It is a petty DP offense, but a fourth-degree crime if committed while on probation or parole for an indictable offense. Harassment is also one of the most common predicate acts for a domestic violence restraining order.
Fighting, threatening, violent or tumultuous behavior, or creating a hazardous condition with no legitimate purpose, or using unreasonably loud and offensively coarse or abusive language in a public place (N.J.S.A. 2C:33-2). Both are petty DP offenses. “Disorderly conduct” is one offense; “disorderly persons” is the grade, and the two are often confused.
Knowingly restraining someone unlawfully so as to interfere substantially with their liberty (N.J.S.A. 2C:13-3). It is a DP offense and often appears alongside assault charges in domestic violence cases. Moving the person a substantial distance, or holding them for ransom or to commit another crime, can make it kidnapping.
Shoplifting is a DP offense when the full retail value is less than $200 (N.J.S.A. 2C:20-11(c)(4)). Even at this grade, the law requires community service: at least 10 days for a first conviction and 15 for a second, and a third conviction carries at least 90 days in jail. From $200 to $500 it is a fourth-degree crime.
Purposely or knowingly damaging another person’s property, or recklessly damaging it with fire, explosives or other dangerous means (N.J.S.A. 2C:17-3). It is a DP offense when the loss is $500 or less, fourth degree from over $500 to under $2,000, and third degree at $2,000 or more. For graffiti, the court can order restitution and at least 20 days of community service, including removing the graffiti (2C:17-3(c)). See our New Jersey vandalism attorney page.
Entering or secretly remaining in a building or structure you know you have no right to enter is a DP offense (N.J.S.A. 2C:18-3(a)). It becomes a fourth-degree crime in a dwelling or school, at a utility or research facility, or in the secure area of an airport. Peering into a home for the purpose of invading privacy is fourth degree. Defiant trespass, staying after notice to leave, is a petty DP offense.
Purposely preventing or trying to prevent an officer from making an arrest is a DP offense (N.J.S.A. 2C:29-2(a)(1)). Resisting by flight is fourth degree, and using or threatening force is third degree. It is not a defense that the arrest itself was unlawful, as long as the officer was acting under official authority and announced the arrest, which surprises many people.
Possessing drug paraphernalia (other than for marijuana), being under the influence of a controlled dangerous substance, and possessing 1 ounce or less of psilocybin mushrooms are DP offenses (N.J.S.A. 2C:36-2; 2C:35-10(a)(5), (b)). Possessing 6 ounces or less of marijuana is no longer an offense at all (2C:35-10(a)(4)(b)). Details are in our New Jersey drug laws guide.
A flagrantly lewd and offensive act that the person knows is likely to be seen by non-consenting people who would be affronted or alarmed is a DP offense (N.J.S.A. 2C:14-4(a)). Exposure for sexual gratification to a child under 13, or to a person with a severe mental disease or defect, is a fourth-degree crime.
Possessing a fake driver’s license or other government ID is a fourth-degree crime, and showing one is third degree (N.J.S.A. 2C:21-2.1). The exception is a fake or borrowed ID used only to buy alcohol or another age-restricted product, which is a DP offense. Many of these cases can be negotiated down; see our case result on a fake ID charge downgraded to an ordinance.
Being drunk in public is not an offense under New Jersey law; police may take an intoxicated person home or to a treatment facility, and must do so if the person is incapacitated (N.J.S.A. 26:2B-16). Underage drinking is no longer charged as a DP offense: since 2021, a person under 21 gets written warnings, with no summons (N.J.S.A. 2C:33-15). Fighting, threats or damage while intoxicated can still be charged as disorderly conduct or assault.
