Last reviewed . Law current as of October 2026.
New Jersey law (N.J.S.A. 2C:1-4) divides offenses into indictable crimes, graded first through fourth degree and heard in Superior Court, and disorderly persons or petty disorderly persons offenses, which are not crimes and are heard in municipal court. Indictable crimes carry possible state prison terms and the right to a grand jury and jury trial; disorderly persons offenses carry up to 6 months in jail and are decided by a judge.
Side by side
- Indictable crimes: first degree (10–20 years), second (5–10), third (3–5), fourth (up to 18 months) under N.J.S.A. 2C:43-6. Superior Court, Criminal Division. Grand jury indictment and jury trial.
- Disorderly persons offenses: up to 6 months in jail and a fine up to $1,000. Municipal court, judge only.
- Petty disorderly persons offenses: up to 30 days in jail and a fine up to $500. Municipal court, judge only.
Charges can move between courts
An indictable charge can be downgraded and remanded to municipal court as a disorderly persons offense, which can significantly change the possible penalties. That is often one of the first things a defense lawyer looks at.
Diversion options differ
Municipal court has conditional dismissal and conditional discharge (for some drug offenses). Superior Court has Pretrial Intervention (PTI). See our PTI guide and the pages on indictable crimes and disorderly persons offenses.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.