WHAT EACH CHARGE CARRIES
13 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. New Jersey grades a crime by degree, first to fourth, and the lesser offenses as disorderly persons and petty disorderly persons offenses, so each level here names its grade and the range the code's sentencing sections set for it.
13 charges
Theft
DP to 2ND · up to Between five years and 10 years
Also searched as stealing, theft by unlawful taking, larceny, took something
Unlawfully taking, or exercising unlawful control over, another's movable property with purpose to deprive them of it.
| Grade | Up to | When |
|---|---|---|
| DPDisorderly persons offense | Not more than 6 months$1,000 fine | WhenLess than $200 |
| 4THCrime of the fourth degree | Not more than 18 months$10,000 fine | WhenAt least $200 but not over $500 |
| 3RDCrime of the third degree | Between three years and five years$15,000 fine | WhenOver $500 but less than $75,000, or taken from the person |
| 2NDCrime of the second degree | Between five years and 10 years$150,000 fine | When$75,000 or more, or by extortion |
Shoplifting
DP to 2ND · up to Between five years and 10 years
Also searched as retail theft, stealing from a store, price tag switching, concealment
Taking or concealing merchandise, switching price tags or containers, or taking a shopping cart, graded by the full retail value, with values from one scheme added together.
| Grade | Up to | When |
|---|---|---|
| DPDisorderly persons offense | Not more than 6 months$1,000 fine | WhenFull retail value less than $200 |
| 4THCrime of the fourth degree | Not more than 18 months$10,000 fine | WhenAt least $200 but not over $500 |
| 3RDCrime of the third degree | Between three years and five years$15,000 fine | WhenOver $500 but less than $75,000 |
| 2NDCrime of the second degree | Between five years and 10 years$150,000 fine | When$75,000 or more |
Every conviction also carries community service: at least ten days for a first offense, at least 15 days for a second, and up to 25 days for a third or later.
Simple assault
PETTY DP to DP · up to Not more than 6 months
Also searched as assault, hit someone, fight, scuffle
Attempting to cause, or purposely, knowingly or recklessly causing, bodily injury; negligently causing bodily injury with a deadly weapon; or trying by physical menace to put someone in fear of imminent serious bodily injury.
| Grade | Up to | When |
|---|---|---|
| DPDisorderly persons offense | Not more than 6 months$1,000 fine | WhenThe ordinary case |
| PETTY DPPetty disorderly persons offense | Not more than 30 days$500 fine | WhenIn a fight or scuffle entered by mutual consent |
Aggravated assault, which includes attempting to cause serious bodily injury or causing injury with a deadly weapon, is a crime and is graded by its own section.
Harassment
PETTY DP · up to Not more than 30 days
Also searched as harassing, harassing texts, offensive touching, threatening calls
With purpose to harass, making communications anonymously, at extremely inconvenient hours, in offensively coarse language or in a way likely to cause annoyance or alarm; offensive touching or threatening it; or another course of alarming conduct.
| Grade | Up to | When |
|---|---|---|
| PETTY DPPetty disorderly persons offense | Not more than 30 days$500 fine | WhenThe ordinary case |
Stalking
4TH to 3RD · up to Between three years and five years
Also searched as following someone, course of conduct, cyberstalking
Purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or someone else's, or suffer other emotional distress.
| Grade | Up to | When |
|---|---|---|
| 4THCrime of the fourth degree | Not more than 18 months$10,000 fine | WhenThe ordinary case |
| 3RDCrime of the third degree | Between three years and five years$15,000 fine | WhenIn violation of an existing court order, as a second offense against the same victim, or while on parole or probation for an indictable offense |
Disorderly conduct
PETTY DP to DP · up to Not more than 6 months
Also searched as disturbing the peace, fighting in public, offensive language
With purpose to cause public inconvenience, annoyance or alarm, or recklessly risking it, fighting, threatening, behaving violently or tumultuously, or creating a hazardous condition with no legitimate purpose; or addressing unreasonably loud and offensively coarse language to someone present in public.
| Grade | Up to | When |
|---|---|---|
| PETTY DPPetty disorderly persons offense | Not more than 30 days$500 fine | WhenThe ordinary case |
| DPDisorderly persons offense | Not more than 6 months$1,000 fine | WhenConcealing identity with a mask or disguise during disorderly conduct, or purposely disrupting a public gathering |
Trespass
PETTY DP to 4TH · up to Not more than 18 months
Also searched as defiant trespass, trespassing, unlawful entry, refused to leave
Entering or remaining in a place, knowing one has no right to be there.
| Grade | Up to | When |
|---|---|---|
| PETTY DPPetty disorderly persons offense | Not more than 30 days$500 fine | WhenAfter notice against trespass, by actual communication or posting |
| DPDisorderly persons offense | Not more than 6 months$1,000 fine | WhenEntering or secretly remaining in a structure |
| 4THCrime of the fourth degree | Not more than 18 months$10,000 fine | WhenIn a dwelling, a school, or utility, research or airport property |
Resisting arrest
DP to 3RD · up to Between three years and five years
Also searched as resisting, ran from police, fighting the officer
Purposely preventing, or trying to prevent, a law enforcement officer from making an arrest.
| Grade | Up to | When |
|---|---|---|
| DPDisorderly persons offense | Not more than 6 months$1,000 fine | WhenBy other means |
| 4THCrime of the fourth degree | Not more than 18 months$10,000 fine | WhenBy flight |
| 3RDCrime of the third degree | Between three years and five years$15,000 fine | WhenBy force or threat of force, or creating a substantial risk of injury |
It is no defense that the officer was acting unlawfully in making the arrest, if the officer was acting under color of official authority and announced the intention to arrest before the resistance.
Eluding
3RD to 2ND · up to Between five years and 10 years
Also searched as fleeing police, car chase, did not pull over, fleeing
Knowingly fleeing or trying to elude an officer after a signal to stop, in a vehicle or vessel.
| Grade | Up to | When |
|---|---|---|
| 3RDCrime of the third degree | Between three years and five years$15,000 fine | WhenThe ordinary case |
| 2NDCrime of the second degree | Between five years and 10 years$150,000 fine | WhenCreating a risk of death or injury to any person |
The court also suspends the driver's license for six months to two years.
Possession of a controlled dangerous substance
4TH to 3RD · up to Between three years and five years
Also searched as CDS possession, drug possession, possession, too much marijuana
Knowingly or purposely obtaining or possessing a controlled dangerous substance, unless obtained directly or on a valid prescription from a practitioner, or as the law otherwise authorizes.
| Grade | Up to | When |
|---|---|---|
| 4THCrime of the fourth degree | Not more than 18 months$15,000 fine | WhenA Schedule V substance |
| 4THCrime of the fourth degree | Not more than 18 months$25,000 fine | WhenMore than six ounces of marijuana, or more than 17 grams of hashish |
| 3RDCrime of the third degree | Between three years and five years$35,000 fine | WhenA Schedule I, II, III or IV substance |
The odor of marijuana or hashish, burnt or not, does not by itself give reasonable articulable suspicion to search a person for possessing too much. Possession of one ounce or less by a person 21 or older, bought from a licensed retailer, is lawful.
Possessing a handgun without a permit
2ND · up to Between five years and 10 years
Also searched as unlawful possession of a weapon, gun charge, carrying without a permit, Graves Act
Knowingly possessing a handgun without first obtaining a permit to carry it.
| Grade | Up to | When |
|---|---|---|
| 2NDCrime of the second degree | Between five years and 10 years$150,000 fine | WhenThe ordinary case |
Unlawful interception
3RD · up to Between three years and five years
Also searched as wiretapping, secret recording, recording a call
Purposely intercepting a wire, electronic or oral communication without being a party or having a party's consent, or disclosing or using its contents knowing they came from an interception.
| Grade | Up to | When |
|---|---|---|
| 3RDCrime of the third degree | Between three years and five years$15,000 fine | WhenThe ordinary case |
A person not acting under color of law may intercept a communication they are a party to, or one a party consented to, unless it is done to commit a crime, a tort or another injurious act.
Police radio during a crime
4TH · up to Not more than 18 months
Also searched as scanner, police scanner, radio in the car
Possessing or controlling a radio capable of receiving police, fire or emergency medical communications while committing or attempting a crime, including the immediate flight from it.
| Grade | Up to | When |
|---|---|---|
| 4THCrime of the fourth degree | Not more than 18 months$10,000 fine | WhenThe ordinary case |
Every grade on this page, for reference
Each range comes from the code's sentencing sections. A specific offense may set a higher fine, and the card says so where it does.
- PETTY DPPetty disorderly persons offenseNot more than 30 days$500
- DPDisorderly persons offenseNot more than 6 months$1,000
- 4THCrime of the fourth degreeNot more than 18 months$10,000
- 3RDCrime of the third degreeBetween three years and five years$15,000
- 2NDCrime of the second degreeBetween five years and 10 years$150,000
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
20 words
- Deadly forceForce justifiable in an arrest only by a peace officer, or someone summoned to assist one, who reasonably believes it creates no substantial risk to innocent persons, that the crime was one of the serious crimes the section lists, and that there is an imminent threat of deadly force or the force is needed to stop the crime or prevent an escape.
- Defiant trespassEntering or remaining in a place, knowing one has no right to be there, after notice against trespass by actual communication or posting. A petty disorderly persons offense.
- Degree of crimeHow the code grades a crime, from first degree down to fourth. A crime of the third degree carries between three years and five years and a fine up to $15,000.00.
- Disorderly conductWith purpose to cause public inconvenience, annoyance or alarm, or recklessly risking it, fighting, threatening, behaving violently or tumultuously, or creating a hazardous condition with no legitimate purpose. A petty disorderly persons offense.
- Disorderly persons offenseThe grade below the crimes, punishable by not more than 6 months and a fine up to $1,000.00.
- EludingKnowingly fleeing or trying to elude an officer after a signal to stop, in a vehicle or vessel: a crime of the third degree, or the second if it creates a risk of death or injury.
- ExpungementClearing the records of an arrest or conviction. When charges are dismissed, or the person is acquitted or discharged without a conviction, the court orders it at the time.
- First callerA person, and anyone acting with them, who was the first to call for medical help for someone hurt by hazing, gave their name, and stayed with the person until help arrived, cooperating on the scene. That person is immune from prosecution for hazing.
- HarassmentWith purpose to harass, making communications anonymously, at extremely inconvenient hours, in offensively coarse language or in another way likely to cause annoyance or alarm, or offensive touching or threatening it. A petty disorderly persons offense.
- HazingKnowingly or recklessly, in connection with initiation into a student or fraternal organization, causing another to break the law or consume a harmful substance, or subjecting them to physical, mental, emotional or sexual abuse, or to any other activity reasonably likely to cause bodily injury.
- Personal recognizanceRelease on the defendant's own promise to appear. The court orders it, or an unsecured appearance bond, when release would reasonably assure appearance, safety and that the defendant will not obstruct justice.
- Petty disorderly persons offenseThe lowest grade, punishable by not more than 30 days and a fine up to $500.00.
- Pretrial releaseThe decision, made no later than 48 hours after a defendant is committed to jail, whether and on what conditions to release them before trial. The law relies primarily on release by non-monetary means.
- Reckless drivingDriving heedlessly, in willful or wanton disregard of the rights or safety of others, in a way that endangers or is likely to endanger a person or property.
- Resisting arrestPurposely preventing, or trying to prevent, an arrest, graded by how: by other means a disorderly persons offense, by flight a crime of the fourth degree, by force or threat of force a crime of the third degree.
- ShopliftingTaking or concealing merchandise, switching price tags or containers, or taking a shopping cart, graded by the full retail value, with values from one scheme added together.
- Simple assaultAttempting to cause, or purposely, knowingly or recklessly causing, bodily injury; negligently causing bodily injury with a deadly weapon; or trying by physical menace to put someone in fear of imminent serious bodily injury.
- StalkingPurposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or someone else's, or suffer other emotional distress. A crime of the fourth degree.
- Statute of limitationsThe time to sue or to prosecute: six years for a contract not under seal, two years for an injury to the person, and, unless the statute provides otherwise, five years for a crime and one year for a disorderly persons offense.
- TheftUnlawfully taking, or exercising unlawful control over, another's movable property with purpose to deprive them of it, graded by the amount involved: less than $200 is a disorderly persons offense.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed New Jersey attorney can tell you what yours is. Current as of September 2026.