Criminal offenses under state and federal laws are generally categorized by the seriousness of the crime as felonies (more serious) or misdemeanors (less serious). Felonies are offenses that generally may result in prison sentences of more than one year, and misdemeanors carry sentences of one year or less. The United States Congress sets the penalties for all federal criminal offenses, and thus decides which criminal offenses are felonies and which are misdemeanors. And the state legislature in each state decides which criminal offenses are felonies and which are misdemeanors under state law.

In New Jersey, criminal offenses are classified into indictable offenses, disorderly persons offenses, and petty disorderly persons offenses, rather than the typical felony and misdemeanor categories used in many other states. Indictable offenses in New Jersey are analogous to felonies in other states and are serious crimes that can result in a state prison sentence of more than one year. Disorderly persons offenses are similar to misdemeanors and typically carry penalties of up to six months in county jail. Petty disorderly persons offenses are the least serious criminal offenses and may result in a sentence of up to 30 days in jail. The New Jersey State Legislature determines the classification and penalties for state offenses. At the federal level, the United States Congress establishes the penalties for federal crimes, designating which offenses are felonies, generally punishable by more than one year in prison, and which are misdemeanors, with sentences of one year or less.