Table of Contents

Table of Contents

NJ Disorderly Conduct Charges

A NJ Disorderly Conduct Conviction will show up on a background check.

When a Disorderly Conduct background check is performed, be prepared! Whoever is running the background check will learn of your conviction. Employers will either demand an explanation or terminate employment. Universities may suspend or expel. 

Will a NJ disorderly Conduct conviction affect employment?

There is not a “yes” or “no” answer to this question. Some employers only want employees with impeccable records. Other employers could care less. Yes, it all depends on the type of employment you have or are seeking.
For example, if you are seeking to become a bank cashier, a Disorderly Persons conviction for theft will probably be problematic.
However, if you are seeking employment as a waitress, a conviction for simple marijuana possession can be explained. After all, your employer may have liberal views when it comes to decriminalizing marijuana possession.

Disorderly Conduct Law N.J.S.A. 2C:33-2

a. Improper behavior.

A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

Engages in fighting or threatening, or in violent or tumultuous behavior; or
Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.


b. Offensive language.

A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

“Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

important tip: Invest a little bit of money and get a lawyer

If you ever get charged with any criminal offense, you should always have a criminal lawyer represent you.
Contact a New Jersey Disorderly Conduct Attorney right away. You need to understand why you have been charges and the consequences you face before making any decision in your case.

A NJ Disorderly Conduct conviction will stay on your record for 5 years

Disorderly Conduct charges are heard in New Jersey Municipal courts.

Common Disorderly Persons offenses include: Harassment, Resisting Arrest, Obstruction of Justice, Eluding, Marijuana Possession, and Simple Assault.

If you plead guilty or are found guilty of a Disorderly Persons offense, you face up to six months in jail and up to a one thousand dollar fine.

You must wait for five years from the date you completed your sentence before you can get an expungement. For example, if you were sentenced to pay fines, the five years starts running once you pay all fines.

A real NJ Legal Case Discussing A Disorderly Conduct Charge

In State v. Stampone, 775 A. 2d 193, the defendant was sitting in his caroutside of a home. The police charged him with disorderly conduct for yelling at a police officer and slamming the car door shut to prevent the officer from reaching inside. The officer testified that the defendant had been difficult and curt and that the act of slamming the car door caused it to “almost” strike the officer.

The prosecution argued that the defendant’s curt responses to the officer’s questions constituted a public inconvenience and that the raised voices and slamming of the car door were “tumultuous behavior” in accordance with the disorderly conduct statute.

The court disagreed, stating, “this entire incident was an unfortunate example of a police officer overreacting to innocuous conduct and a citizen treating an officer with rudeness approaching insolence that only aggravated the situation.”

Can I get probation for this type of charge?

You may be able to avoid a conviction by entering a diversionary program called Conditional Dismissal.

About the Author

Attorney At Law

Mr. Peyrouton is a Criminal Defense Attorney located in Hackensack, NJ.

His articles in the areas of Criminal Law have been published in The New Jersey Law Journal.

He is a distinguished author, trial attorney, and has had the privilege of arguing before the New Jersey Supreme Court.

Prior to becoming an attorney, Mr. Peyrouton was a world-class, competitive tennis player.

He is perfectly fluent in Spanish.

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About the Author

Attorney At Law

Mr. Peyrouton is a Criminal Defense Attorney located in Hackensak, NJ.

His articles in the areas of Criminal Law have been published in The New Jersey Law Journal.

He is a distinguished author, trial attorney, and has had the privilege of arguing before the New Jersey Supreme Court.

Prior to becoming an attorney, Mr. Peyrouton was a world-class, competitive tennis player.

He is perfectly fluent in Spanish.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. But if you have a really good lawyer, he may be able to your case “remanded” to a lower court. In this way, you will be out of “felony” danger.