Otherwise known as a disorderly persons offense, a misdemeanor is taken quite seriously in the state of New Jersey. Though it may not compare to a felony offense, a misdemeanor’s potential penalties are still something you may have to worry about. For one, the possibility of spending time away in jail is not completely off the table. Read on to discover whether you can get sentenced to jail time after a misdemeanor and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C. can help defend against this possible charge.
What are the different misdemeanors recognized by New Jersey law?
A misdemeanor offense is broken down into further subcategories. Namely, there is the disorderly persons offense and the petty disorderly persons offense.
For one, a disorderly persons offense may not be considered a crime under New Jersey law. So it is not entitled to a grand jury indictment or a right to trial by jury. Rather, it is handled by the municipal court. The most common examples of this offense are simple assault, shoplifting, resisting arrest, harassment, disorderly conduct, and marijuana possession of less than 50 grams.
On the other hand, a petty disorderly persons offense is considered an even less severe offense in the New Jersey criminal justice system. It may equate to what other states consider a summary offense or infraction. Specific examples may include trespassing, making anonymous communications, communicating with someone in offensive language, and striking, kicking, shoving, or offensive touching.
Can I get sentenced to jail time after a misdemeanor?
Even though misdemeanors are considered lower-level offenses, especially compared to felonies, they still hold the possibility of a jail sentence. Specifically, if you are found guilty of a disorderly persons offense in the state of New Jersey, a judge may order you to up to six months of jail time. If you are found guilty of a petty disorderly persons offense, this sentence may be up to 30 days.
It may be possible to reduce the charges against you and only receive probation. A judge typically orders probation for up to one year for a disorderly persons offense or petty disorderly persons offense. With this, though, your probation sentence is not immune from being disclosed on your permanent criminal record.
So, to avoid a permanent criminal record altogether, you may want to enter a plea bargain for your case. Here, you may plead guilty to a local ordinance rather than a disorderly persons offense or petty disorderly persons offense.
We strongly encourage you to retain the services of one of the experienced New Jersey & Pennsylvania criminal defense lawyers. You may do so by scheduling an initial consultation with The Vigilante Law Firm, P.C. at your earliest convenience.