A Brief Overview of the New Jersey Criminal Code: What is a
Disorderly Persons Offense?
By: Justin M.
Smigelsky, Esq.
There
are six classes of offenses under the New Jersey Criminal Code: in increasing
severity – petty disorderly persons offenses (“petty DP”), disorderly persons
offenses (“DP”), fourth degree crimes, third degree crimes, second degree
crimes, and first degree crimes. Petty DP and DP offenses are not crimes – when
the term “crime” is used, this refers to offenses of the fourth degree or
higher. When the term “offense” is used, however, not only are petty DP and DP
offenses included, but all crimes as well. With some exceptions, motor vehicle
offenses are specifically excluded from the meaning of “offense” and,
therefore, are neither an “offense” nor a “crime” under New Jersey law.
Another
important distinction between a lower-level offense and a crime is that a
defendant accused of a petty DP or DP offense is not entitled to a trial by
jury or an indictment by a Grand Jury. Although petty DP offenses and DP
offenses are generally not punished as severely as an indictable offense, a
conviction may still have serious repercussions – a variety of punishments are still
possible for the offender including incarceration of up to six months and/or
heavy fines. Furthermore, a conviction may result in loss of driving
privileges, deportation, forfeiture of office, violation of probation, or the
loss of the presumption of non-imprisonment for a subsequent conviction. Additionally,
a petty DP or DP offender is usually required to pay court costs, an assessment
to the Victims of Crime Compensation Office, and an assessment to the Safe
Neighborhood Services Fund.
One
potential advantage – for lack of a better word – of the distinction between a
crime and a petty DP or DP offense, however, is that certain collateral
consequences generally do not result upon a conviction for these lower-level
offenses. Although a conviction for a DP could result in loss of driving
privileges, deportation, forfeiture of office, violation of probation, or the
loss of the presumption of non-imprisonment for a subsequent conviction, a
conviction for a DP will not result in loss of voting rights, loss of the right
to serve as a juror, or the potential of impeachment as a witness based upon
the conviction.
Depending
on the nature of the offense, there are also certain jurisdictional issues that
arise from the distinction. Pursuant to N.J.S.A. 2B:12-17, a municipal court
has jurisdiction over a DP offense, petty DP offense, or other non-indictable
offense within its territorial jurisdiction, except where exclusive
jurisdiction is given to the Superior Court. Although it is a rare occurrence,
a municipal court may also try select criminal offenses of the fourth degree where
there is a proper waiver of indictment and trial by jury. In certain limited
circumstances, a municipal court may even have jurisdiction over an offense
that did not occur within the boundaries of the municipality.
As
previously mentioned, there is no presumption of imprisonment for conviction of
a petty DP or DP offense – unlike certain criminal offenses where the
presumption exists. Generally, defendants who have not been previously
convicted of an offense are entitled to a presumption of non-incarceration;
however, it is important to note that this presumption can be overcome upon a
showing that the defendant’s imprisonment is necessary for the protection of
the public due to the nature and circumstances of both the offense and
offender.
As
discussed above, a conviction for any offense may have serious and/or lifelong
consequences. If you have been charged with an offense, you may have questions
about your rights and obligations. If so, it is important to contact an
experienced attorney. This article is
for information purposes only, and is neither legal advice nor the creation of
an attorney client relationship.
Justin M. Smigelsky, Esq., 2014, all rights reserved: Justin M.
Smigelsky, Esq., 2014, all rights reserved: Justin M. Smigelsky, Esq., 2014,
all rights reserved: Justin M. Smigelsky, Esq., 2014, all rights reserved:
Justin M. Smigelsky, Esq., 2014, all rights reserved: Justin M. Smigelsky,
Esq., 2014, all rights reserved: Justin M. Smigelsky, Esq., 2014, all rights
reserved: Justin M. Smigelsky, Esq., 2014, all rights reserved: Justin M.
Smigelsky, Esq., 2014, all rights reserved: Justin M. Smigelsky, Esq., 2014,
all rights reserved: Justin M. Smigelsky, Esq., 2014, all rights reserved:
Justin M. Smigelsky, Esq., 2014, all rights reserved: Justin M. Smigelsky,
Esq., 2014, all rights reserved: Justin M. Smigelsky, Esq., 2014, all rights
reserved: Justin M. Smigelsky, Esq., 2014, all rights reserved: Justin M.
Smigelsky, Esq., 2014, all rights reserved: Justin M. Smigelsky, Esq., 2014,
all rights reserved: Justin M. Smigelsky, Esq., 2014, all rights reserved:
Justin M. Smigelsky, Esq., 2014, all rights reserved: Justin M. Smigelsky,
Esq., 2014, all rights reserved: Justin M. Smigelsky, Esq., 2014, all rights
reserved: Justin M. Smigelsky, Esq., 2014, all rights reserved.