New Jersey Statutes
N.J. Stat. § 2C:43-8 (2026)
Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses
✓ current as of May 2026
A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense.
Notes of Decisions
Cited in 11
cases (6 in the last 5 years), 2014–2025 · leading case: State v. Burkert, 174 A.3d 987 (N.J. 2017).
State v. Burkert, 174 A.3d 987 (N.J. 2017). “N.J.S.A. 2C:43-8. Our court rules do not permit an attorney to appear as a private prosecutor on behalf of the State, except in cases involving cross-complaints, and then only on motion to the municipal court after review of "an accompanying certification submitted on a form…”
State v. Hogan, 758 S.E.2d 465 (N.C. Ct. App. 2014). “” See N.J. Stat. Ann. § 2C:43-8 (2011). Theft may be classified as a second, third, or fourth degree offense, or as a disorderly person offense, depending on the nature of the crime and the value of the property taken.”
Kwok Sum Wong v. Garland, 95 F.4th 82 (2d Cir. 2024). “See N.J. Stat. Ann. § 2C:43-8. The BIA also determined that, before Wong was subjected to any such penalty, the state of New Jersey had provided him with the specified “minimum constitutional protections” and, thus, he had been “convicted” for purposes of sections 1101(a)(48)(A)…”
S. Wong, 28 I. & N. Dec. 518 (2022). “The penalty for a New Jersey disorderly persons offense is limited to 6 months’ imprisonment, see N.J. Stat. Ann. § 2C:43-8 (2005), which, for constitutional purposes, is not serious.”
United States v. Alan Garrett (3rd Cir. 2018). “”12 The terms of Garrett’s supervised release explicitly stated 10 See N.J. Stat. § 2C:43-8. 11 See United States v.”
United States v. Vincent Livingston (3rd Cir. 2019). “§ 2C:33-2 (disorderly conduct is a petty disorderly persons offense); N.J. Stat. § 2C:43-8 (“A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite term which shall be fixed by the…”
State of New Jersey Vs. Andres I. Chavarria (18-10-0303 & 18-10-0304, Sussex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “2C:43-7 (defining requirements for extended-term sentences); N.J.S.A. 2C:43-8 (defining sentences for disorderly persons and petty disorderly persons offenses); and N.”
In the Matter of the Request to Release Certain Pretrial Detainees (085186)(Statewide) (N.J. 2021). “5 Because disorderly persons offenses are punishable by up to six months in jail, N.J.S.A. 2C:43-8, judges have discretion to entertain and review motions from defendants charged only with such an offense before those defendants have been detained for six months.”
Doe v. U.S. Dep't of Homeland Sec. (W.D. Pa. 2025). “Even in instances where an individual is facing charges that risk jail time of one year or less under N.J.S.A. 2C:43-8 (describing risk of imprisonment for disorderly persons offenses and petty disorderly persons offenses), federal and state constitutional due process rights…”
State of New Jersey v. M.A.B. (N.J. Super. Ct. App. Div. 2025). “2C:43-6(a)(2), a sentence for a second-degree crime must be between five and ten years, and, under N.J.S.A. 2C:43-8, a sentence for a petty disorderly persons offense may not exceed thirty days.”
Mary O'Shea v. Borough of Englewood Cliffs (N.J. Super. Ct. App. Div. 2025). “2C:43-3 and N.J.S.A. 2C:43-8. Buehrer, 50 N.J. at 513 ; see also Pressler & Verniero, Current N.”
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