All crimes and offenses in New Jersey are governed by Title 2C, which is the New Jersey Code of Criminal Justice. Title 2C is broad ranging in its intent and has stated general purposes of preventing harm to individuals and public interests, deterring conduct through authorized sentences of confinement, rehabilitating those convicted and insuring public safety. N.J.S.A. 2C:1-2. There is also a specific provision to safeguard offenders against excessive, disproportionate or arbitrary punishment which all persons accused of crimes are entitled to as statutory protections, along with their rights under the United States Constitution and the New Jersey Constitution. N.J.S.A. 2C:1-2(4). The New Jersey Criminal Code governs conduct within the State of New Jersey and, in certain instances, it can cover conduct or actions outside of the State if there is a substantial nexus to this jurisdiction as defined by the statute covering territorial applicability. N.J.S.A. 2C:1-3.
Offenses in New Jersey are classified as either crimes, disorderly person’s offenses, or petty disorderly person’s offenses. Any offense for which a sentence of imprisonment in excess of six (6) months is authorized constitutes a crime within the meaning of the New Jersey Constitution. N.J.S.A. 2C:1-4. Crimes are designated by the criminal code as being of the first, second, third or fourth degree; each with specific sentencing requirements. A disorderly person’s offense would normally be heard in Municipal Court as opposed to criminal Court and those offenses carry a six (6) months maximum authorized sentence of imprisonment. As such, disorderly persons and petty disorderly persons offenses are not considered “crimes” within the meaning of our Constitution. Because of this, there is no right to indictment by Grand Jury nor any right to trial by jury on such offenses. In addition, any conviction for a disorderly persons or a petty disorderly person’s offense shall not give rise to any of the disabilities or legal disadvantages based upon the conviction of a crime.
Since any charge in New Jersey carries potentially serious consequences, it is best to consult with an experienced defense attorney immediately upon the initiation of any charge or offense.