Charges and sentences
Felony and misdemeanor classes in New Jersey
New Jersey's criminal code does not sort offenses into felonies and misdemeanors. It calls serious offenses crimes and grades them first through fourth degree. Lesser offenses are disorderly persons offenses and petty disorderly persons offenses, which are not crimes. The degree is set offense by offense.1
Checked October 29, 2026 against New Jersey's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- New Jersey has no offense called a felony. A crime is an offense for which more than 6 months of imprisonment is authorized, and crimes are graded first through fourth degree. Crimes are the closest match to felonies elsewhere. Disorderly persons and petty disorderly persons offenses are petty offenses, not crimes.1
- Felony theft starts at
- $200How theft is graded
- When a DWI is a felony
- No repeat-offense felony. Even a third or later DWI stays a motor vehicle offense, with a $1,000 fine, at least 180 days in county jail (the court can cut up to 90 days for time in an approved inpatient treatment program) and loss of the license for 8 years.2
Felony degrees in New Jersey
From most to least serious: First-degree crime, Second-degree crime, Third-degree crime, Fourth-degree crime. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| First-degree crime | 10 to 20 yearsSome first-degree crimes carry other terms set by their own statutes. | Up to $200,000 | N.J. Stat. Ann. § 2C:43-6(a)(1); § 2C:43-33 |
| Second-degree crime | 5 to 10 years | Up to $150,000 | N.J. Stat. Ann. § 2C:43-6(a)(2); § 2C:43-33 |
| Third-degree crime | 3 to 5 years | Up to $15,000 | N.J. Stat. Ann. § 2C:43-6(a)(3); § 2C:43-33 |
| Fourth-degree crime | Up to 18 months | Up to $10,000 | N.J. Stat. Ann. § 2C:43-6(a)(4); § 2C:43-33 |
Misdemeanor classes in New Jersey
| Class | Jail | Fine | The law |
|---|---|---|---|
| Disorderly persons offense | Up to 6 monthsNot a crime. There is no grand jury and no jury trial, and a conviction does not carry the legal disadvantages of a crime conviction. | Up to $1,000 | N.J. Stat. Ann. § 2C:43-8; § 2C:43-3(c)5 |
| Petty disorderly persons offense | Up to 30 daysNot a crime. There is no grand jury and no jury trial, and a conviction does not carry the legal disadvantages of a crime conviction. | Up to $500 | N.J. Stat. Ann. § 2C:43-8; § 2C:43-3(d)5 |
Good to know
Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes. Conviction of them does not give rise to any disability or legal disadvantage based on conviction of a crime.1
The degree of a crime is set offense by offense, in the statute that defines each crime. The sentence ranges above apply "except as otherwise provided," so some crimes carry other terms.3
A judge can set a no-parole minimum of up to half of the sentence when aggravating factors substantially outweigh mitigating factors, and certain firearm crimes carry a mandatory minimum.3
When theft is a felony in New Jersey
New Jersey has no felonies, but theft of $200 or more is a crime. From $200 to $500 it is a fourth-degree crime, over $500 and under $75,000 is third degree, and $75,000 or more is second degree. Under $200 it is a disorderly persons offense. Some property, such as firearms, is graded by type instead of value.4
N.J. Stat. Ann. § 2C:20-2(b) · Felony theft amounts in every state
DWI in New Jersey
New Jersey calls it driving while intoxicated (DWI). It is a motor vehicle offense under Title 39, not a graded crime; the statute names no degree and no felony, and the New Jersey Supreme Court has said DWI is not a crime under New Jersey law (State v. Denelsbeck, 2016).
- Repeat offenses
- No repeat-offense felony. Even a third or later DWI stays a motor vehicle offense, with a $1,000 fine, at least 180 days in county jail (the court can cut up to 90 days for time in an approved inpatient treatment program) and loss of the license for 8 years.
- Which past offenses count
- 10 years: if a second offense happens more than 10 years after the first, the court treats it as a first offense for sentencing, and the same rule applies to a third offense after the second.
- Other felony versions
- Causing a death by reckless driving is reckless vehicular homicide, a second-degree crime, and proof of DWI lets the court infer recklessness. It is a first-degree crime if the drunk driving happened on or near school property or in a school crossing. Assault by auto while DWI is a third-degree crime if it causes serious bodily injury and fourth degree for bodily injury. Driving during a license suspension for a second or later DWI is a fourth-degree crime with at least 180 days without parole.
N.J. Stat. Ann. §§ 39:4-50, 2C:11-5, 2C:12-1(c), 2C:40-262 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in New Jersey?
New Jersey has no offense called a felony. A crime is an offense for which more than 6 months of imprisonment is authorized, and crimes are graded first through fourth degree. Crimes are the closest match to felonies elsewhere. Disorderly persons and petty disorderly persons offenses are petty offenses, not crimes.
What is a first-degree crime in New Jersey?
In New Jersey, the prison range for a first-degree crime is 10 to 20 years, and the fine is up to $200,000. Some first-degree crimes carry other terms set by their own statutes.
What is a second-degree crime in New Jersey?
In New Jersey, the prison range for a second-degree crime is 5 to 10 years, and the fine is up to $150,000.
What is a third-degree crime in New Jersey?
In New Jersey, the prison range for a third-degree crime is 3 to 5 years, and the fine is up to $15,000.
What is a fourth-degree crime in New Jersey?
In New Jersey, the prison range for a fourth-degree crime is up to 18 months, and the fine is up to $10,000.
What is a disorderly persons offense in New Jersey?
In New Jersey, the jail range for a disorderly persons offense is up to 6 months, and the fine is up to $1,000. Not a crime. There is no grand jury and no jury trial, and a conviction does not carry the legal disadvantages of a crime conviction.
What is a petty disorderly persons offense in New Jersey?
In New Jersey, the jail range for a petty disorderly persons offense is up to 30 days, and the fine is up to $500. Not a crime. There is no grand jury and no jury trial, and a conviction does not carry the legal disadvantages of a crime conviction.
How much theft is a felony in New Jersey?
New Jersey has no felonies, but theft of $200 or more is a crime. From $200 to $500 it is a fourth-degree crime, over $500 and under $75,000 is third degree, and $75,000 or more is second degree. Under $200 it is a disorderly persons offense. Some property, such as firearms, is graded by type instead of value.
Is a DWI a felony in New Jersey?
No repeat-offense felony. Even a third or later DWI stays a motor vehicle offense, with a $1,000 fine, at least 180 days in county jail (the court can cut up to 90 days for time in an approved inpatient treatment program) and loss of the license for 8 years. Causing a death by reckless driving is reckless vehicular homicide, a second-degree crime, and proof of DWI lets the court infer recklessness. It is a first-degree crime if the drunk driving happened on or near school property or in a school crossing. Assault by auto while DWI is a third-degree crime if it causes serious bodily injury and fourth degree for bodily injury. Driving during a license suspension for a second or later DWI is a fourth-degree crime with at least 180 days without parole.
These are the general ranges in New Jersey's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in New Jersey" https://secondchanceindex.com/felony-classes/new-jersey, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- N.J. Stat. Ann. § 2C:1-4(a)-(b)
- N.J. Stat. Ann. §§ 39:4-50, 2C:11-5, 2C:12-1(c), 2C:40-26
- N.J. Stat. Ann. § 2C:43-6(a)
- N.J. Stat. Ann. § 2C:20-2(b)
- N.J.S.A. 2C:43-3 Fines and restitutionsNew Jersey Legislature (Statutes, updated through P.L.2026, c.50)
- N.J.S.A. 2C:43-8 Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offensesNew Jersey Legislature (Statutes, updated through P.L.2026, c.50)
- N.J.S.A. 2C:11-5 Death by auto or vesselNew Jersey Legislature (Statutes, updated through P.L.2026, c.50)
- N.J.S.A. 2C:12-1 AssaultNew Jersey Legislature (Statutes, updated through P.L.2026, c.50)
- N.J.S.A. 2C:40-26 Operating motor vehicle during period of license suspension, fourth degree crimeNew Jersey Legislature (Statutes, updated through P.L.2026, c.50)
- State v. Denelsbeck, A-42-14 (N.J. May 12, 2016)New Jersey Courts