You may have heard of disorderly conduct and disorderly persons offenses in New Jersey. While these terms are often mistakenly used interchangeably, it is important to note that they do not carry the same meaning in the context of New Jersey law. So, what distinguishes the two?

What is Disorderly Conduct in New Jersey?

Disorderly Conduct (N.J.S.A. 2C:33-2) is often referred to as the “catch all” charge in New Jersey. The statutes language is written in such a way to encompass various disruptive behaviors. Typically, this charge is issued for disruptive behavior like fighting, threats, or creating a public disturbance. Because of its broad nature, it is commonly written in conjunction with other offenses like simple assault and loitering. Disorderly conduct is a petty disorderly persons offense and can result in fines and potential jail time. The purpose of this charge is to deter behaviors that can harm public order and safety.

What is a Disorderly Persons Offense?

Disorderly Persons Offense is a broader classification akin to misdemeanors in other states. Offenses falling under this category include disorderly conduct, simple assault, shoplifting (valued under $200), and harassment. While these are not indictable crimes, they can carry significant penalties, including fines, up to six months of jail time, and the potential for a criminal record. This classification is designed to address less severe but still illegal actions that disrupt societal norms and laws.

In New Jersey, disorderly persons offenses are classified into two categories: disorderly persons offenses and petty disorderly persons offenses. Disorderly persons offenses are considered more serious than petty disorderly persons offenses, both types of offenses can result in significant penalties. Disorderly persons offenses can carry up to 6 months in jail and a fine of up to $1,000.00 whereas, a petty disorderly persons offense can carry a maximum of 30 days in jail and a fine not to exceed $500.00.

Examples of Disorderly Persons Offenses:

1.      Theft if the amount is less than $200.00

2.      Shoplifting less than $200

3.      Simple Assault

Examples of Petty Disorderly Persons Offenses:

1.      Disorderly conduct

1.      Harassment

2.      Trespassing

3.      Mutual fight

Charged with Disorderly Conduct?

If you or someone you know has been charged with disorderly conduct in New Jersey, it's crucial to seek legal assistance immediately. The consequences can be serious, but you don't have to face them alone. Contact Carmine R. Villani, founding partner of Villani & DeLuca, P.C., today for your free first consultation and let our experience guide you through the legal process and ensure you get the best results.