One common question the office receives is whether New Jersey has misdemeanors, and how those charges compare to Pennsylvania criminal offenses. Lawyer Michael Kotik reviews charges in both states and here are some of the key differences between New Jersey and Pennsylvania.

NJ: Disorderly Persons / Petty Disorderly Persons vs. PA: Misdemeanors & Summary Offenses

• In New Jersey, what might be a “misdemeanor” in another state typically becomes a disorderly persons offense.

• If the offense is even more minor (e.g., low-level public disturbances, disorderly conduct, noise violations, minor harassment, trespass, etc.), NJ may classify it as a petty disorderly persons offense.

• Neither disorderly nor petty disorderly offenses in NJ count as “crimes” under the state’s constitution — meaning, for example, there is no right to a jury trial for these offenses.

By contrast:

• In Pennsylvania, “low-level” offenses can be misdemeanors (first, second or third degree) — where the maximum penalty depends on the degree assigned.

• Pennsylvania also uses summary offenses for the least serious conduct (e.g., minor disorderly conduct, loitering, harassment, low-level retail theft — depending on statute).

• Summary offenses carry relatively modest penalties — often fines and/or up to 90 days’ incarceration.

Implications for Individuals Charged:

• A behavior that in Pennsylvania might carry a misdemeanor (or even summary offense) could in New Jersey wind up as a “disorderly persons offense” or even “petty disorderly persons offense” — which, although called different names, may function similarly to misdemeanors (or even less serious).

• Because NJ does not classify these as “crimes” in constitutional sense, a defendant may lose certain constitutional protections (e.g. jury right) that exist under PA for misdemeanors.

• However, even a “petty disorderly persons offense” in NJ can carry consequences — including jail (up to 30 days), fines, potential license issues, and a criminal record.

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Charge Comparison Between NJ and PA — Theft, Drug Possession & Other Common Offenses

One area where classification differences matter a lot is for offenses like theft, drug possession (low-level), or other “common” crimes.

New Jersey

• Offenses such as shoplifting (value under threshold), marijuana possession of small amounts (< 50 grams), simple assault, harassment, resisting arrest, criminal mischief (low-level) are often charged as disorderly persons offenses.

• If value or seriousness is minimal, or the statute designates it so, the offense may be downgraded to a petty disorderly persons offense.

• Penalties: for a disorderly persons conviction — up to 6 months in jail and up to $1,000 fine; for a petty disorderly persons conviction — up to 30 days jail and up to $500 fine.

Pennsylvania

• Similar conduct — petty theft, low-level drug possession, simple assault (depending on statute), or other lower-level crimes — would likely be charged under the misdemeanor or summary offense classifications under state law.

• Misdemeanor charges can carry up to several years (depending on degree), or for summary offenses, shorter jail terms (e.g., up to 90 days) and/or fines.

• Summary offenses in Pennsylvania often involve fines and/or short jail terms, but depending on the jurisdiction, may be eligible for more flexible resolution (e.g., fines only) rather than full trial.

Key Takeaway on Theft/Drug/Low-Level Offenses:

• In NJ, “everyday” crimes that many assume are misdemeanors may instead be labeled “disorderly persons offenses” (or even “petty disorderly persons offenses”), but that label difference can have meaningful consequences — removal of right to jury trial, different statutory rules for prosecution and expungement, etc.

• In PA, a similar offense may be treated as a misdemeanor or even a summary offense — either way, subject to sentencing rules under the state’s graded offense system.

• For cross-state comparisons (e.g. criminal background checks, plea negotiations, expungement eligibility), these differences in labeling/classification can lead to confusion or misinterpretation of “severity.”

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Why These Distinctions Matter — Practical Implications for Defendants

Under PA’s scheme, depending on the offense, expungement or sealing eligibility varies — and the graded scheme (felony/misdemeanor/summary) impacts how long a conviction stays on record under statutory and court-imposed rules.

Record Impact and Collateral Consequences

A “disorderly persons offense” in NJ — although not a “crime” under the constitutional definition — still shows up on a criminal record and can affect employment, housing, licensing, immigration status, etc.

In PA, even a misdemeanor or summary offense may carry lasting consequences depending on the severity, prior record, and context.

Procedural Rights and Protections

In NJ, for disorderly/petty disorderly offenses, you generally do not have a right to a jury trial — a significant procedural difference from PA’s misdemeanor offenses.

The lack of jury trial for lower-level NJ offenses might influence plea bargaining strategies, negotiation leverage, or defendant’s choice of representation.

Expungement / Post-Conviction Relief Opportunities

NJ has statutory rules for expungement that treat “disorderly persons” and “petty disorderly persons” differently from indictable offenses — in some cases, eligible for expungement under certain conditions.